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Harrassed (accountant)     13 November 2013

Chargesheet submitted for 498a/323/506/504 and dp3/4

Dear Experts,

Finally my lawyer got chargesheet which was submitted by IO to CJM meerut court in may-13 but till now we didn't receive any summons from court and no arrest reason stated by IO that UP allahabad order "if sentence is less than 7 yrs for crime than arrest is not mandatory".Neighbour statments are there which is that "We didn't see anything just heared from her parents" and Pvt Doctor said "No injury".No bills submitted for marriage expense or jewellery.Only one false witness stated that we went her place and beat her black n blue wheares on that day i was in hyderabad with office collegue having pictures and 25 witness.

Now my advocate saying that we should appeal in allahbad highcourt on that basis of hyderabad tour first for Stay order than Quash of fir/chargesheet before court issue summons by providing evidences like pictures and credit card statment.Is it right way/approach?

Divorce is already done and accepted by IO and ex-wife also as per muslim custom.

Thanks



Learning

 2 Replies

Raja_498a Victim (Manager)     13 November 2013

Quash is not good option. Nothing happens in 498a since no injuries. Go for trial.

HC says, go for trial. So ask your lawyer to see if trial starts at the earliest.

T. Kalaiselvan, Advocate (Advocate)     13 November 2013

I think your lawyer may have a different view for approaching this case but Mr. Raja above has rightly suggested you to face the trial especially in the event of all evidences in your favor and that you can prove that she has foisted false cases against you to harass you or to wreak vengeance on you over trivial issues.  You have stated that your marriage has already been dissolved as per Muslim law,  was there any condition imposed at that time, was your divorce as per Talak pronouncements?, through a court f law?, a muslim marriage is a contract, by divorce the contract between the man and the woman terminates, so elicit the details so that you will get proper guidance in this regard.


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