Does quash petition for 498a in hc needs stay order first?

Gentleman,

U R not being guided properly in the conduct of the case.Approaching the HC should be the last resort after U exaust all the resources in the lower courts.Going for stay of the proceedings is also immature at this stage.U should always fight the cases in the lower courts with merits and valid evidences only.The result finally has been that UR family members have been given time for 3 weeks only,may be till the next hearing.

If you are acquitted in 498a, that itself will be a ground for divorce 

But acquital will take its own time..may be 3 - 5 yr

so should i wait for acquittel or close of 498a case to file divroce petition in family court ? But , fight of 498a case itself takes many years time ..so should i wait for so many year to file divorce petition or is there any alternative good advice to fight both divorce/498a simultaneously ?

can you please answer about quash and stay process? is it mandatory to get stay order from HC before filing quash petition in HC ...My lawyer is saying stay is mandatory before we appeal for quash ...is it so? 

I never read in any forum about mandatory stay order from HC before quash petition ...

Appreciate your valuable reply . Pls guide us sir ..

Originally posted by : Advocate Vinod Passy New Delhi
	If you are acquitted in 498a, that itself will be a ground for divorce

Originally posted by : SAINATH DEVALLA
	Gentleman, U R not being guided properly in the conduct of the case.Approaching the HC should be the last resort after U exaust all the resources in the lower courts.Going for stay of the proceedings is also immature at this stage.U should always fight the cases in the lower courts with merits and valid evidences only.The result finally has been that UR family members have been given time for 3 weeks only,may be till the next hearing.

I''m also worried about same sir . . My lawyer is misguiding me i think.

I never asked my lawyer to appeal for stay but he got stay for 3 weeks without informing me . 

I read in forums that it is not good to get stay as it will delay whole process.  

But, moslty every forum mentions about try for quash in HC in 498a case so i also want to appeal in HC for quash .

Could you please let me know quash procedure in HC ? how many hearings in HC will let us know about quash result ?

Thank you for your reply sir ..Pls guide us .

U cannot predict time limitation for quash petitions in the high courts,1000s of them would be lying there?

Stay order is not needed for quash. It is filed by you lawyer intentionally to make the matter delay.

Please fire that lawyer and appear in-person for quashing with speedy tril.

Please read each of my posts carefully in the following links for sample petitions and other necessary clues.

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

https://www.lawyersclubindia.com/forum/Why-speedy-trial-amp-perjury--124819.asp#.VbzWibOqqkp

https://www.lawyersclubindia.com/forum/Why-speedy-trial-and-perjury--124820.asp#.VbzWx7Oqqko

https://www.lawyersclubindia.com/forum/details.asp?mod_id=126460&offset=1#.VgJwk9Kqqko

Hi,

It is incorrrect to say that your lawyer has not guided properly.

 No harm in getting stay order .(But requesting for stay order is not must) , infact it is good.

Originally posted by : AS
	Hi,   It is incorrrect to say that your lawyer has not guided properly.  No harm in getting stay order .(But requesting for stay order is not must) , infact it is good.

Mr. AS,

My opinion is -

For this type of cases, the tactic of advocates and judges to delay the matter as much as possible. Once the accused becomes vexed then extort him recurrently by giving proposal of mutual settlement and continuously breaching.  

Stay orders help them to do so easily.

We should focus on Speedy Dispose of rather stay (If the accused is really innocent and did not take any dowry )

Real power does not come from revenge;  comes from truth.

Mr Instructor Rocky Smith,

Don't generalise the lawyer community,it is objectionable and defamatory.If U desire to give advice to the querist focus on the query.Mr Instructor ( I DO NOT KNOW WHAT TYPE OF AN INSTRUCTOR U R) will U teach free of cost.This is LAWYERS CLUB OF INDIA mainly represented by lawyers and not an XYZ Club.UR knowledge and intelligence could be used other wise.

Originally posted by : SAINATH DEVALLA
	Mr Instructor Rocky Smith, Don't generalise the lawyer community,it is objectionable and defamatory.If U desire to give advice to the querist focus on the query.Mr Instructor ( I DO NOT KNOW WHAT TYPE OF AN INSTRUCTOR U R) will U teach free of cost.This is LAWYERS CLUB OF INDIA mainly represented by lawyers and not an XYZ Club.UR knowledge and intelligence could be used other wise.

Mr. Devalla,

My opinion is -

My comments are general opinion without personally indicating any specific one hence it is not defamatory. If you still feel that it is defamatory then kindly mention that - under which section of law it is so? 

I think you need to recall Article 19 of Indian Constitution. (Freedom of Speech).

And also you need to recall LCI Rules as follows: - 

We are not here to quarrel with others. Personal attacks, sarcasm, abusive words, innuendoes and rude behaviour will not be taken lightly: The Lawyersclubindia Community is comprised of different types of people with diverse views. They have the right to feel at ease here, even though they may not always hold the same opinions as you do or believe in the same things. Be polite to everyone always.

I request you to change your rude behavior on me. Thanks in advance for your understanding.

Mr. Devalla,

The question of the quest is very clear - 

"Does quash petition for 498a in hc needs stay order first?"

Ans: - No.

I have clearly given that answer with explanation

Originally posted by : SAINATH DEVALLA
	Mr Instructor Rocky Smith, Mr Instructor ( I DO NOT KNOW WHAT TYPE OF AN INSTRUCTOR U R) will U teach free of cost.

Dear Friends,

I hope my free advices help you better than costly advices.    

Originally posted by : Rocky Smith
	Originally posted by : SAINATH DEVALLA Mr Instructor Rocky Smith, Mr Instructor ( I DO NOT KNOW WHAT TYPE OF AN INSTRUCTOR U R) will U teach free of cost.     Dear Friends,   I hope my free advices help you better than costly advices.

Thank you rocky sir for confirming about stay and quash relation . 

My lawyer fooled me i think . My laywer has taken money for quash but got stay order for 3 weeks without informing me .

now, when ever i question my lawyer about quash he is telling me it is pending and stay is mandatory . I got fooled by lawyer and he took money too .

Now, my lawyer is not doing his job even after taking money . We have out first trial date hearing in october .

can i appeal for quash now ?  how many days would it take to know quash result ? will my quash appeal be taken up by HC as there would be many other pendings cases ? 

Thank you for valuable suggestions...