Qhash and Directions
Anand
(Querist) 29 November 2009
This query is : Resolved
I am separated in USA in the year 2001, after that my wife and daughter who is now 11 yrs old moved to India. I appealed for guilty in USA and came out clean after few days sentences on domestic violence case.
In the year 2006 my ex-wife approached family court in ban galore for
1) Divorce
2) Child Custody.
The same year 2006 she also approached to local police station given statement on
1) Myself 2) Mother 3) Father 4) my second brother 5) My first sister-in-law saying that they all involved in causing splitting her from me (Anand) etc etc
2) Police removed 4) and 5) – filed FIR on
a. 1) Myself 2) Mother 3) Father
QUESTION:
We approached on same year to High court for a quash –on my dad and mother.
Result came out – deleted my father name.
1) Is it possible to approach High court to quash my name, my lawyer told me in the year 2006 that it is not possible to quash my name as I am living in toronto etc etc...
2) Is it also possible to quash my mom to approach double bench high court.
The wife is not willing to give divorce nor setting the case through financially.
How can I resolve this case, it is almsot now 3 yrs..fighting the case in 2 states...bcoming serious pain in our life...
adv. rajeev ( rajoo )
(Expert) 29 November 2009
To come out of this the only one way is compromise thru., the elders of your society, you personally meet her convince her, otherwise it is very difficult to solve the problems like this.
For question like yours i advise like this, be cause your are a working person,if you have problems like this you cannot concentrate on your work.
So better discuss with your wife and get it solve the problems
Anand
(Querist) 29 November 2009
Thank you rajeev. we tried using lokadalat in Bangalore to settle the case in 2006 agreed for 15lks.They are not accptng, after that we increased it to 20..still no...we are approaching legally to stop lower court proceeding on which they hv high hopes. Someone advised me to go for quash that will automatically halt lower court proceedings...
G V S Jagannadha Rao
(Expert) 29 November 2009
it is difficult to state your chances of sucess in quash against yourself and your mother. It depends on the allegations made in the complaint against the concerned accused. A complaint is normally Quashed if the allegations in the complaint (even if taken to be true) do not make out any offence or a primia facie case against the Petitioner(in quash case). Therefore the chances of success of your mother in quash depends upon allegations made against her.
Quashing the case against you may not arise as you are the husband and I am sure there would be enough material to make out a prima facie case to take the complaint to trial. Please note that a quash is granted only if the Court believes that there is no material warranting a trial.
As against an order of Single Judge in a quash, I am afraid you have to approach Supreme Court and not a Division Bench.
Srinath Kondapally
(Expert) 29 November 2009
u are stating that your exwife herself filed divorce casse and criminal cases. and as u r willing to devide from her,it is easy to get divorce from her and moreover filing criminal cases and such pendency are enough for said purpose, besides this it constitutes harrassment and cruelty by your wife against urself and your family members, is a good ground for divorce
Anand
(Querist) 29 November 2009
Thank you srinath and also Rao Garu. I am really happy seeing the online conversation. Once again thank you all for your thots on this.
Let me clarify this...I do understand women has good rights in india, I also understand being she single mother and i am away from india, she will have strong case..having said all these things...i m willing settle through mediators or elderly persons..we have failed to convince her taking 20lks and leave the case.
They think only using false harassment etc etc they can get more money through court..not sure who is feeding them ....but
My Question:
1) Even if i dont hv good grounds to quash my name or whole case...i would like stop lower court proceedings for sometime so that they might come down for settlement, in such case can i proceed for quash as my name never went for quashing in high court.
2) Can I approach High court division bench for my mom as her case was not dismissed in HC Hyderabad single judge bench
3)
PJANARDHANA REDDY
(Expert) 29 November 2009
DEAR ANAND,
CAN U PLS MAIL ME THE, FIR ,COMPLAINT & JUDMNTS OF HC. U HAVE GREAT CHANCES OF COME OUT.
joyce
(Expert) 29 November 2009
What is the stage of divorce case, is it pending? is this a mutual divorce or? so if divorce case is dispossed off and lumpsum maintance amount given to ur wife n child ur matter of dispute will end and mental harreshment will come to end. show that ur parents depending upon u for their liviely hood and u have to look after them in old age, no high maintance can be given as ur income will not be sufficient to shelther. What is the stage of the criminal case? chargesheet is filed or what? if it is investigation stage then ask the Io to file a B'report, u endure to prove that u n ur wife stayed separatly and non other fly members invoved in ur wed-lock life between u both spouse. see what Io says. if he files B report then case its easier.
joyce
(Expert) 29 November 2009
How abovt ur Advocate, is he practising on criminal side specifically ?just talk to him about B'report or B'false which the police will file before filling chargesheet.
Raj Kumar Makkad
(Expert) 29 November 2009
It is good to either settle the matter with mutual consent or persue the matter vigorously instead of lingering it as you think by taking the matter to high court. face in the lower court and this shall also down the moral of your wife and definitely their unrealistic demands shall also come down accordingly. She knows you better than you.....
