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sanjeev rajpurohit   22 August 2024

Case 498 a and 406 and domestic violence

DEAR SIR

(1) THE DATE OF MARRIAGE 25/04/2021 OF MY SON

(2) HER ALL FAMILY MEMBERS ARE LIVING JUST HALF KILOMITTER AWAY FROM MY HOUSE

(3) SHE LEFT MY HOUSE ON DATED 03/04/2021 AND DURING THIS PERIOD SHE REGULARLY VISIT HER PARENTS HOUSE NO COMPLAINT FROM HER SIDE.

(4) FROM 21/04/2021 TO 04/04/2022 MY SON MY WIFE MY DOUGHTER AND I MY SELF WAS SEVIORLY AFFTED DUE TO COVID MY WIFE REMAIN ADMITTED IN HOSPITAL FOR 17 DAYS DURING THIS PERIOD

(4a) MY DOUGHTER REMAIN ISOLATED FROM 26/04/2021 TO 09/04/2021 AND PREGNENT OF 7 MONTHS AND GONE WITH HER HUSBAND ON 10/04/2021 ONLY 11 DAYS

(4)ON 04/04/2022 SHE FILEED A FIR UNDER 498A 406 AND 354 AND ADDITIONAL ALLEGATION THAT MY SON IS IMPORTANT AGAINST (a)MY SELF 60 YERAS (B)MY WIFE 58 SUFFERING SO MAY HEALTH PROBLEM (C)MY SON (d)MY DOUGHTER (e ) MY BROTHER IN LAW WHO IS NOT LIVING WITH ME

(5)FINALLY POLISH FILE A CASE AGAINST MY SON ONLY UNDER 498A 406 ONLY IN A MAEDICAL TEST UNDER POLICE PESENT MY SON IS FOUND FULLY MEDICALLY FIT AND HE IS NOT IMPORTANT MEDICALL REPORT AVAILABLE.

NOW I AND MY WIFE ARE SUFFERING SO MANY HEALTH BROBLEMS AND MY SON LIVING IN SAME HOUSE.

NOW SHE FILE A CASE IN COURT UNDER DOMESTIC VIOLENCE AGAIST

(1)MY 85 YEAR FATHER WHO NEITHER COMES IN MARRIAGE DUE TO COVID NOR HE LIVE WITH ME NOR HIS NAME WAS MENTIONES IN FIR

(2)AGAINST ME

(3)AGAINST MY WIFE

(4)MY DOUGHTER

(5)AGAINST MY SON

(6)AGAINST MY BROTHER IN LAW HE IS NOT LIVING WITH ME

THIS IS EXTERM PLEASE GUIDE


Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     22 August 2024

Since the case has already been filed you may either challenge the same in trial proceedings or file a quash petition before high court for the reasons you rely upon. 

VENKATA MOHANA RAO PATHAKOTA (PRACTICING ADVOCATE AT SUPREME COURT AND HIGH COURTS)     23 August 2024

You can get the case Quashed in High Court.

 

Regards,

Venkata Mohana Rao Pathakota

Advocate at Supreme Court and High Courts

Cell No: 8297877977


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