Ravi (a) 19 December 2014

My wife's lawyer playing delay tactics

in 498a case filed by my wife, my wife's lawyer is playing delay tactics as his services are engageed to assist PP. he is playing all dirty tactics in every hearing, though my wife appears in every hearing waiting all day to attend the hearing, both my wife and her lawyer are playing delay tacktics and never coming for chief and cross.

my lawyer has been arguing with the magistrate in several hearings for chief/evidence, the magistrate is insisting to start in next hearing giving a reason of so many pending cases.

my wife wants to harass me because i am travelling 1000+ KM for every hearing and not very sure but looks like all 498a witnesses are backed out to support her. hence she purposely wanting to drag the case. same situation in DVC also.

please advise if transferring 498a case to another city within the same district is possible, the city where divorce filed by me is going on. please share your opinion.

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3 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 19 December 2014

Dear Querist

You may file a transfer petition before HC to transfer the case to another district or you may file a writ for speedy trial in the case.

the HC have power to transfer the case and also have power to direct the trial court to conclude the case within a specific time.

Feel Free to Call

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 20 December 2014

Please appear in High Court and apply for quashing with speedy trial i.e. pray quashing first, if not granted then pray to make time frame of 6 months.

If you go with advocate than you will face a lot of trouble.

a) They will ask a lot of fees.

b) The case may be in backlog cause-list.

c) Bench is getting change so your case is on hold

d) Blah Blah! - - - - much more.

There is high chance that you will spend a lot of money but did not get proper judgement with advocates.

I strongly recommend to appear in-person(Without Advocate) in High Court and apply for quashing with speedy trial U/S 401 CrPC read with 482 CrPC and 483 CrPC. Sample petitions and other clues is given bellow links. It takes hardly 3 hearings / 3 weeks with no money expenditure, less headache and more liberty.

Or, You can file Criminal Writ (Article 227) also for the same.

Please read each of my posts carefully in the following links.

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1