Advice about cruel cases on me.

very simple quash fir in all cases, because reason is collecting money from you, i have proof hide the first marriage  so in this fir quash.

Thanku sir, so I need to file FIR through police or through court.
which process will be more benificial to me.

Anish,

You are in a very good position and your cases is winnable. But you need to have patience and preservence.

First of all, as you may have realised, Things in Indian court do not happen as quickly as you may like. Good part of this is  - in the time you get , you can do reserach, talk to like minded people and make your strategy. You can consult orgnization in your locality which are opposing misuse of dowry laws.

Second, do not show any sign of desperation  to your wife. She will definitely use for her advantage.

Comming to your question - for quash you don't need to file an FIR.

Quash is a type of case filled in High Court and as name suggests, if you succeed in quash lower court cases automatically stops.

Anish,

You have to file a quash petition in the High Court of the respective state..u/s 482 of the CrPC..get a good lawyer first and discuss...

Once the case is put up in the high court..all proceedings will be stopped  (Stayed) until it is decided in the high Court..

DF

Thanks Danny and Onlytruth,

Since my case is going on UP court(Ghaziabad), so do i need to go for quash petition on Allahabad high court or I can go for delhi high court. since delhi is more easily approachable to me.

How much it will take and when can i remarry, since i got already null and void marriage to her last 1.5 month before.

Forget about remarying now...Cases in HC takes years and may take apprx two years...for the disposal of the case...

If it is GZB then you will have to move to Allahabad HC and not delhi...

Talk to a lawyer first...most of us here have half knowledge...talk to an experienced lawyer..

DF

Danny,

I think you did not pay attention to the fact that anish has already got ex partee divorce 1.5 months back.

So if there is no objection/revision/appeal filled against your divorce decree, you can marry after 90 days( of decree).

Yes..Only truth..he can definitely marry....He may choose to marry or may not marry..that should not be his concern...his main concern should be to see that he is free of the cases...

You know that getting rid of criminal cases is not easy...

Dear Anish

I am fully agree with M. Sheik Sahab

Thanku all,

1.  So since my 1.5 month already passed so  am waitng another 1.5 months for remarry. If I get good girl ,i will marry.
But after 90 days , if my Ex-wife filed my exparty judgement so my second marrige will safe?.
 

2. Since Quash petation is not possible for me from Allahabad court since I am working in delhi,so how to win my 498a case here in Ghazaibad with the proofs I have.should I file counter cases to my ex?like 420,494,blackmailing of asking huge amount?.

Anish,

Once you marry after legal time limit , it should not be a problem. provided no short cuts has been taken for ex- party judgment - let me  give you some examples of short cuts - I have read few judgments, where party got court degree through unfair means - where notices were not served properly, or it were not advertised in newspaper if the other party was untraceable.

Also in one ex-party case I saw that the present party did not submit his proofs and did not forward witness. In these cases higher courts, and rightly so, overturned lower court orders and their subsequent marriage became null and void.

If these things have not happened in your case  there should not be any threat to your second marriage - But bottom-line is - nobody can force two unwilling people to live together . and no force can force two willing people to live apart.

For quashing - why you think you won't be able to fight quash case from Allahabad? You need not attend court proceedings on all days. Your lawyers will do for you. Anyway you can take evening train from Delhi and be there early morning in Allahabad. But choice is yours.

Coming to your last point - filling counter cases - I do not recommend - if you want to defeat opposite party, concentrate on cases at hand, more number of cases means more time going in cases every month, more money outflow, chances of error in statements across cases  and hence more chances of losing. 

Very Matured reply from Only Truth

Thanks again Onlytruth for your promt response and motivate me. 

Regarding ex-party judgement, all was done except newspaper publications.

For quashing , what needs to done from me since, I am unaware of this thing and my lawyer also didnt told me about this. Should I hire a lawyer from Allahabad court or from Ghazaibad.
And what would about 125 case this is also running behind 498a.
IS Quashing is familier by lawyers easily?

One more importnt thing is that my 125 case is filed from delhi court and 498  is filed from ghaziabad, so please advice accordingly for quashing.