kiran sankar nath (individual) 26 May 2014

498a of cpc

sec 498 a of cpc was filed against my brother and other family members of me by my brother"s wife during

1995.no hearing took place yet as my brother is missing since 1998.and date after date is fixed by court and

we other family members made hazira on the court date. my brother wife also filed a case under sec.125

for maintainance but subsquently had withdrawn the case in 1997.both my brother and his wife appeared

before court and submitted petition under mutual consusnes wherein my brother mentioned in the petition that he and other family members never tortured his wife. and same was admitted by court and on hearing both side lawyers ,court dismissed case under sec.125.we obtained certified copy of court order.

can we appeal before court for dismissal the case under sec 498a of cpc citing court order under sec.125.

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5 Replies

Sudhir Kumar, Advocate (Advocate) 27 May 2014

In your case trial appears to have gone very long and probably due to absence of one accused. The is clearly against the right to speedy trial which is recognised as a part of fundamental rights.

It appears that by now you have also gone to highcourt and must be having a loand of 5-10 Kgs of papers and without seeing these papers no practical advise can be givne to you.

SO meet a good lawyer near your place.

Anand Bali Adv. (Advocate Solicitor & Consultant) 27 May 2014

You can approach High Court for deleating name s of your other family members from the case as the one accused your brother is not attending the trials. Under Sec 428 , Engage a good Advocate who should make efforts to get cognizance of the Sec 125 Judgement where both the parties with a common consent has admitted that there was no torture and cruelty was made by the members of the family of the Husband.

For further legal assistance on nominal charges, you can contact me on below mentioned address and Phone number, Please call after Court Hrs to get a suitable appointment date and timeing.

Advise, always take assistance from an experienced and well educated Advocate of the field. You can see my credentials on this very site for my appraisal.

Anand Bali & Associates

204-B Nanda Devi Apats

Plot-19, Sec-10.

Dwarka, New Delhi-75

(Near Dwarka Sec-11 Metro St.)

Ph: 09582144748

Anand Bali Adv. (Advocate Solicitor & Consultant) 27 May 2014

Anand Bali & Associates

204-B Nanda Devi Apats

Plot-19, Sec-10.

Dwarka, New Delhi-75

(Near Dwarka Sec-11 Metro St.)

Ph: 09582144748

T. Kalaiselvan, Advocate (Advocate) 29 May 2014

Though both the cases, u/s 125 Cr.PC and 498A of IPC has nothing to do with each other, owing to the long pending and inordinate delay in disposal of the pending case, you can move an application before the high court to quash the same based on the previous incidences as well as present prevailing circumstance, consult your lawyer and move further.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 29 May 2014

Please go to High Court and make a petition for speedy trial and get a order by directing the JM to dispose off the said case withing the period of 6 month.

Else the case will go for life long, never ending.

Conviction rate of 498A is 2% only which is rarest of rare, hence don't worry.