False cases

Very important point that i missed out is we are staying seperated since Jul 2008 and divorce case is pending since Jan 2009. All these cases have been filed in Mar 2011

Which City.

Generally the courts have been ready to quash such cases, where allegations are made after a long gap and the complainant has not been able to justify the delay.

visit www.498a.org for better information and searching judgements on the same lines.

Regards,

Shonee Kapoor

City is Alwar (Rajasthan)

i have found few relevant judgements from 498a.org, but still not getting the way forward. all lawyers give different opinion on same issue & tht leads us to total confusion.

we had debated approaching HC for quash of case u/s 482 but didnt do the same as many lawyers adviced that in case we fail life will become more difficult and HC works on management, they are capable people, can manage, we can't...

You are un-necessarily hassled.

Anyways call me @ 8010850498 anytime after 7PM and we can discuss the matter in detail.

PLEASE ALSO NOTE THAT I AM NOT A LAWYER

I do not agree with Shonee Kapoor.

The lawyers you met have rightly advised you on both the counts.  It is difficult to get FIR quashed by HC under Section 482.  Mere long delay in filing criminal cases or lack of documentary evidence are not enough grounds for getting FIR quashed.  Long delay in filing criminal complaints happen in matrimonial disputes, because the estranged wife may be trying that cohabitation be possible after some passing of time. So, this is the explanation from her side for not initiating criminal proceedings instantly, once she left (or forced to leave) the matrimonial home and the courts accept this or this type of explanation.  Lack of documentary evidence is also not a good ground because in matrimonial disputes, documentary evidence comes rarely and oral evidence, which can inspire the court's confidence, will play its role at the trial.  So, not approaching HC is a good decision.   

I second with Shonee's opinion..you must give it a shot to get the cases quashed in the HC.

There are various points.. i feel which may get your cases quashed...the main point is the delay in filing the cases...and you have been staying separately for the last two years...

Try quashing the matter in HC...

Also please go through judgements of SC where 498A cases are quashed...also go throught the complaints yourself and see if the complaint satisfies the mentioned sections...

Best of Luck

RV

Dear Adv Chandu,

Being a law student, it is not prudent for me to counter my senior, who has exposure in courts and would have handled many questions. But I would request you to read the complete sentence and juxtapose the same on multiple judgements given by Apex Court in this regard.

When allegations are made after a long gap and multiple litigation between the party, the courts should be reluctant to take the facts prima-facie, unless the delay is properly explained.

And also note, that based on the meagre information provided, I have not ventured any opinion about maintenance case. As DV can still be filed and is fully maintainable.

Regards,

Shonee Kapoor

PS: Advise on forums are given based on the information provided only. No one can speculate factors which are not listed.

Dear Sir,

I got my divorse case judgement last week but i need copy of certificate can i directly apply to family court or i have to approch advocate. kindly suggest me.

Thankx and Rgd

Stephen

If you are a party, you can apply directly and get a certified copy in due course.