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bail498 (Junior Advocate)     17 December 2011

Dv & 498a case after 5.0 years seperation

Dear All,

We are living seperately since 5.0 years.Crpc 125 & Child custody case had been already filed in 2007 are ongoing in family court.

Now,in Nov-11 one day she came at our house making injury herself,sit down nearer my home,by planning somone sent ambulance,went to hospital & filed 498a,DV against me and my parents.

Can we request Domestic Violence Court judge to get stay over it untill 498a comes to an end.Because she had already appiled under Crpc 125 & Child custody case are running under same juridiction of DV court.

Kindly suggest me...



Learning

 2 Replies

Ratnesh kumar (Advocate)     17 December 2011

dear friend ,

                        there is many things not quite clear from ur statemnet , still i am telling what i have understood, that if 498(a) had been registerted  as and f.i.r. and injury is there first try to get  ant. bail by telling about the maintaince and child custody case . and to get stay in the 498(A) case file a quashing in high court..

bail498 (Junior Advocate)     18 December 2011

Dear Ratneshkumar Sir,

We had got bail on 498a.Now,shall we go for quashing DV act or 498a in High Court?

Whom can we kept respondent ?


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