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rajeevkhandelwal   30 April 2015

498a and divorce mess

Dear Sir,

I need your valuable suggestions regarding my court cases which are running since August 2012.

Just to give an overview of the cases and the order in which they occoured

1-Arrange marriage in Dec 2009 at U.P.

2-After marriage was living together at Gujarat since both of us was working there. I even bought a residential flat in her name
  with me as a co-applicant in bank loan.

3-Found out about wife's extramarital affiar and filed divorce on grounds of adultry and
 cruelty at native place in U.P where marriage took place in Aug 2012 and permanently shifted to Delhi by an inter company transfer.

4-As a counter attack wife filed false FIR (under 498a and dowry acts) with 3-4 other IPC ingredients at Gujarat.

5- Arrested in Dec 2012 from Delhi and police took me to Gujarat where i got regular bail from lower court and later my parents
  got anticipatoty from sessions court in Gujarat.

6-In Dec 2012 my lawyer send legal notices to both my wife and her lover(both are respondents in my divorce case) to appear before court at U.P,
they did come and later put up a transfer petition at Supreme Court and after 6 months case got tansfered from U.P to Gujarat.

7- Hired another lawyer at Gujarat for divorce case and in Jan 2013 approached Gujarat High Court and filed FIR quash petition
   Got judgements from high court partially in our favour and my parents got relaxation from lower court proceedings where criminal cases were running.

8- Started getting dates in high court but since Nov 2014 there has been no futher listing since neither she not her appointed laywer has come to court on any date
since the case was filed at high court. My laywer is saying there will be no further dates and the case will now bee decided by court on its own.
(Is there any such provision in Indian High Courts....?????). I really feel dishearten since it has been more than 2 years and literally no progress.

9- Similarity none of then has come to family court in Gujarat and only new dates are coming on the way without any progress on case.

10- Judge at family court is not willing for ex-patre as according to him the case is known to other party.

Kindly advise what should i do from my side since i assume both the cases are kind of dormant from last 2 years. Can i put up any case on property we bought since
i am a coapplicant in loan just to put up a pressure (She has been paying emi from 2012)

My job frequently require to travel abroad however i have an overseas travel restriction in my bail conditions (need to take court permission). Is there any way to get
permanent relaxation to travel while cases are running. I dont want to spil my carrer it might take ages to finish.

I have no child out of this wedlock

Pls help how to tackle cases from here onwards

Thanks
 



Learning

 2 Replies

bsrao   01 May 2015

Accidents happen and life itself, at times, becomes an accident. First, you cannot claim the property in her name. Write to the home financing institution that you are withdrawing from the co-obligation. If the case in High Court is reserved for judgment, then no further hearing is needed. Otherwise, you can file an application for speedy disposal. You can appeal (filing separately) to remove the restrictions on your travel citing employment requirements, with a letter from employer. Apparently, you did not engage the right advocates at both the places. Look for someone who can support you there.

Adv. Chandrasekhar (Advocate)     01 May 2015

Filing quash petition in HC was not useful and expensive and wrong step. But let it remain like that. 2. Move application in FC to expedite or ask for exparte and follow up your divorce case meticulously. File application in MM court for lifting travel restrictions. Do not file any further property related case right now as it does not put pressure on her but puts hole in your pocket.

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