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498_final stage (Professional)     16 December 2012

Domestic violence case filed after ongoing 498a

Girl's side have filed false domestic violence case from their Native place "Kanpur". Earlier they filed 498a from Ghaziabad. What should we do now? My father is in ICU and I can not leave him and go to Kanpur and attend the date. What are the implications now?? 

They first filed a complaint in Gurgaon (where this all happened) and there they said that they would proceed the case further from Ghaziabad and Kanpur. Then they filed a false 498a in the month of October 2012 and now in December 2012 this DV is filed. Kindly suggest what should be our strategy



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 9 Replies

adv. rajeev ( rajoo ) (practicing advocate)     16 December 2012

In a complaint which is the place shown about the alleged offence?

498_final stage (Professional)     16 December 2012

Complaint was done in Gurgaon. So they have chosen multiple locations. I was living with this girl in Gurgaon (not with parents) and they have mentioned in the complaint that my parents forced her to live separately to protect themselves from any allegations. My sister is married from last 12 years and her name was also mentioned.

Shantilal Pandya ( Advocate)     16 December 2012

 Any way the cases  have  to be defended on their  merits , the court must also be visilent  as there are ample chances  for misusing the legal machinery by the unscrupulous wives

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     16 December 2012

Dear Querist

you should engage a lawyer for kanpur and lawyer can be appear before the court on behalf of you. you can file quash petition before HC on Jurisdiction point.

Feel Free to Call

Rahul Kapoor (Legal Enthusiast)     17 December 2012

hello,

go for the quash of FIR.

 

498_final stage (Professional)     17 December 2012

which FIR I should look to be quashed?? 498a in Ghaziabad or DV in Kanpur??

Rahul Kapoor (Legal Enthusiast)     17 December 2012

498a in gaziabad.. is there a FIR in DV also ? what happend in mediation?

 

regards-

rahul.gogreen@gmail.com

498_final stage (Professional)     20 December 2012

Letters just say that we are required to appear in the court on the mentioned date.

498_final stage (Professional)     23 December 2012

Any thoughts?? What could be implications. As per my understanding their intention now is to force us to keep that b*st*rd woman in the house. Tell me how to defend the case.

From one end, they filed 498a against us and now domestic violence. Why the hell a woman would want to come back to the same place where she was tortured?????


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