Dear Members,
Case Background.
498a,323, 504 506 DP filed against husband. Husband prays u/s 482 for quashing in High Court.Due to pendency of cases, the 482 pray was not listed hence husband moved transfer TACR (on behalf of co-accused on health grounds) , which got listed & stay granted. Later stay granted in 482 also & both cases got connected.Subsequently to revive the 482 pray ,the transfer application withdrawn.
Wife then filed Divorce u/s 13(1). Husband submitted counter claim u/s 23 agreeing to give divorce. During civil proceedings husband was manhandled within & outside court room.Husbands pray for police protection to SSP & Judicial magistrate but pray is dismissed.Of late Husband files TP in Supreme Court praying danger to life & which gets admitted.
In the same time the High court dismisses the 482 pray of husband & refers the 498a case back to trial court with instructions of bail on same day.
Way ahead:Husband intends to move SLP in SC against the said order.No coercive action will be taken by trail court untill SLP is disposed at SC. However looking at the tendency of SC in 498a cases, the chances of admitting SLP is 50-50.
Queries:
1. Can the husband file TP in criminal case , basis the manhandling during the civil proceedings?If yes then when & where? (after filing the SLP or simultaneously; HC or SC)
[P.S. The co-accused had earlier prayed transfer in HC but withdrawn.]
2. Will the TP (civil) have any impact with TP (criminal)?Will they get connected if TP (criminal) is filed in SC? Will SLP also get connected?
3. Proactively , what else can be prayed so that stay granted by HC can be extended?
Urgent advise please!!
