Harrasment

The big mistake in this brief is "agreeing for divorce" when 498a IPC running !


I think this divorce might have been a Mutual Consent one if yes then one should have gone for quash before second motion on Divorce then this almost 9 years old delay and latches would not have worries you till date.


Also talk to PP and take him into confidence and go for quashing before HC showing the reason of complainant lack of interest and developments such as divorce and re-marriage of her etc. I think these grounds itself shows that there will not be any fruitful purpose going to get solved if the 498a IPC continues any further against you and your family.

Refer to these:

1.

THE SUPREME COURT OF INDIA
CASE NO.: Appeal (crl.) 1716 of 2007
PETITIONER: ONKAR NATH MISHRA & ORS.
RESPONDENT: STATE (NCT OF DELHI) & ANR.
DATE OF JUDGMENT: 14/12/2007
BENCH: ASHOK BHAN & D.K. JAIN
J U D G M E N T
[Arising out of S.L.P. (Criminal) No. 2516 of 2007)
D.K. JAIN, J.:

2. Supreme Court has in "STATE OF HARYANA V. BHAJAN LAL reported in 1992 Supp. (1) SCC 335" formulated certain guidelines for quashing by high Court under sec 182. One guideline, No.7, says the case is fit for quashing:

"(7) Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge."

I think hiring a decent HC lawyer will help get a quash. Don't let the case linger on you, your family head any longer when she is alrready re-married now. By going to HC, one way or the other the case will be resolved. If there is no quash, at least a speedy trial in the lower court may be obtained by taking HC's direction. Undoubtedly your side will successfully defend should there be a trial.After that your side can think of filing counter case for perjury, defamation etc.
 

Seek from LCI database other ld. members advise too on quash (grounds suggested abv) .

ATB, Rgds.

If bad luck even before HC then use https://indiankanoon.org/doc/1892287/

But do let us know mutual consent divorce agreement terms to guide further.

Dear Sir,

First thing the divorce was not by mutall consent. It was again a case filed by my ex-wife and we got divorce.

As of now also a warrant has been issued against her and her family member but they are not tracebale and we don't have any new adress where they are staying. The 498 is going on as it is.

The further background of the case is that we stay in Ahmedbad (Gujarat) and my wife use to stay at Rewa (Madhya Pradesh) where our mairrage has taken place. The case is going on at Rewa.

I have also approached Supreme Court for transfer of case  from Rewa (M.P) to Ahmedbad but as the notice could not be serverd there was no decission taken on the said case.

I would like to know the following things :

1. I would like to know is there any way out by which we can approach the Supreme Court and get this whole cace cancelled as I feel that my ex-wife is only intrested in harrasing me by not comming to the court
2. Secondly I would also like to know if we can stop the pension of my ex- Father in Law who was a professor at REWA Agriculturle College and ensure they come to court and finish the proceeding.
3. I have not taken any dowry from my wife but have been put into this whole mess because she wanted the full controll of the house. Is there any way we can file a case where the income tax person can question him where he got this amount and what was the source of income. Has he paid a tax or not.
4. There are family member who don't stay with us but have been implicated in this case like my sister who is marred and stays in Mumbai. Her mairrage was even before my mairrage. Can we get them out of the case.
5. In case I require to hire a good lawyer who can look into all this aspect of the case what would be the fees for the same.

Looking forward to an response

Thanks

A Harassed Husband

Hi Arun,

Approach madya pradesh high court and say that complainant is not physically present hence case can be quashed. Make sure while filing the quash petition you enclose all the supporting documents show that complainant is not available.

Ask court to quash the lower court proceedings along with stay of proceedings and appearence exemption  for accused etc.

the basic of 498a is, that , it is a case - state vs accused.

complainee not the wife but the state. according to law it is an offence against the state by the accused..

wife is only a witness here. according to law, she has to present only at the time of her witness.

it is wise to follow mr d arun 's suggestion.

contacting/ managing pp may be helpfull

you may request your ex wife if possible, to sttle the case.

another alternative is to press the concerned judge, through your adv for giving a last chance to submit there witness and arguements to the state. under this circumstancess state / pp may surrender.

appoint a senior reputed lawyer, to settle the case.

the last option is as mr d arun says - pray to hc under sec 482, crpc for quash.

please read to settle instead of to sttle