Duel case: both 498a and 125 cr.pc with same story

dear 498A Fighter

                 the twist in my RCR is that my wife or her councel never appeared in delhi court.  on receiving court summon for RCR at her native at west bengal. she send one WS to delhi court and requested for cancellation of RCR petition as one 498A is already filled against me in west bengal, which Hon. Judge ( RCR) rejected and directed her either to appear in court or to appeal in Supreme court for transfer.

              my wife moved to Supreme Court for transfer of RCR to west Bengal . by the time i was posted out from delhi to bangalore. supreme court acknowledge her petition and as a result the proceeding at delhi lower family court for RCR automatically stayed.

               because of posted out of delhi i did not receive any notice from supreme court at delhi address. no supreme court Order was sent to my permanent  address at west bengal.

                 when i asked my delhi  advocate (RCR) to look into this STAY matter he asked for huge fees to appear in supreme court  which i could not provide him due to high medical expenses of my father. 

                  by the time ( Aug 2013) my father (at west bengal) fall sick due to such unprecedented tension and problem of my married life. he suffered stroke and damaged his kidney. after a prolong treatment  finally Father  left us for ever in December 2013. the valuable  life of my Father was lost due to after effect of such misuse of women friendly legal provisions.

                   the RCR is in DEAD-LOCK situation.  how can i receive that Supreme Court Notice? what should be my move now !

  Hon. members,       please advice me...........

if you had filed RCR and wife receive notices and she is not coming for her written statements then it means you may get exparte

apply to court for her appearance as she received the notices.

if she had filed 498A after receiving notice of your RCR then it will assumed to after thought also in the order of RCR convince the judge to mention this fact   .

fight 498 A on merit... dont worry if you are true then nothing will happen

your case will turn into aquittal.. and you will be free soon from all cases..

Bangali moshai.. apni military the theke kano atho bhoy pachen..

As to your statement of facts the entire case is in your favor because apparently  your wife filed her cases subsequently which you can take in your defense as after thoughts.  In the Supreme Court  you shall have to appoint an Advocate-on-record for filing CAVEAT, who can search whether your wife filed any appeal against your RCR for transferring the case from DELHI or not.

respected Biswanath Roy Sir

         what do u mean by Advocate-on-Record ? is there any difference between an Advocate and Advocate-on-Record ? 

                the transfer case at Supreme Court is already listed. i am checking the status of said case ( by Case No)  through Supreme Court web site ( Case status). 

                            with respect  to that case following statement is written

S U P R E M E   C O U R T   O F   I N D I A       

    =  RECORD OF PROCEEDINGS=   

TRANSFER PETITION (CIVIL.) NO(s). xxxx OF 2013

Mrs. xxxxxxxxxxxxxx                 Petitioner(s)

                 VERSUS

Mr. xxxxxxxxxxxxxx                   Respondent(s)

(With appln(s) for stay and office report)

Date: xx/02/2014  This Petition was called on for hearing today.

For Petitioner(s)    Mr. xyz  ,Adv.

                     Mrs xyz   ,Adv.

For Respondent(s)

         UPON hearing counsel the Court made the following

                               O R D E R

  Await return of notice of the sole respondent.

          List the matter on xx .05.2014.

Yes, there is some difference between Advocate and Advocate-on-record.   Advocate-on record acts in a case on behalf of a client like issuing and serving notices to opponents, prepare petitions and plaints and verify the same ,do all other paper works relating to cases, listing cases etc. like a Solicitor or Attorney. Client also give him power by signing upon his Memo ( which is like Vakalatnamah ) Advocate-on record has no authority to plead or argue before the court he only by virtue of his client's power shall appoint a counsel on behalf of his client  who can plead  and argue before the court.  But for short matter Advocate-on-record can pray for his client any direction or leave of the Court as and when necessary. This is English system of Judiciary which is being followed by the Original Side of some High Courts like Calcutta High Court Bombay High Court  and Madras High Court.  Supreme Court of India is out and out an English Court.  Therefore, I ADVICE YOU TO APPOINT AN ADVOCATE-ON RECORD IMMEDIATELY AND GIVE HIM POWER TO ACT ON YOUR BEHALF FOR DOING THE NEEDFUL ON THE DATE FIXED FOR ADMISSION OF THE APPLICANT'S PETITION.

Respected Biswanath Roy  Sir,

       many thanks for your valuable guidance, such information regarding  Indian judicial system will help  thousands of victim like me in this battle ground. Hats off to u Sir.....

to file defamation suit in court ( civil /  criminal ) is it mandatory to send legal notice to OP first ?

is it possible to file defamation suit directly to court and then sending court summon to opposite party to appear in court ?

what is the difference between civil defamation and criminal defamation ?

what is the applicability difference between this two ? ( where to use )

civil defamation - relief given by civil court after civil suit in form of compensation

criminal defamation - relief given by criminal court in form of punishment to accused.

every defamation is both civil as well as criminal