bolo (na) 06 December 2011

Need help in 498a

My brother's wife has filed a false 498a case against my family 2 years before and the case is in court. she is not coming to the hearings in the court and case is getting postponded every month.

1. what can be done to proceed the case ?

2. Can/Should i file any petition in the court to make her come to the hearings in the court?

3. She has aslo filed DV against my family.........Does DV come under civil or criminal?

i suspect my lawyer has joined hand with the opposite party and want to extract money from us... in this situation what can we do?...we want the case to proceed in the court. please help...

Reply Follow

10 Replies

M.Sheik Mohammed Ali (advocate) 06 December 2011

1. if she is not appear before the court then court decided as expartee order against her.

2. yes, you can file a petition to speedy proceedings.

3. its criminal case.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 06 December 2011

Dear Bolo

file an application to dismiss the compalint gainst your family before hon'ble court with the reason, non- appearence of the compalinant

secondly speedy justice is a fundamental rights, so you can file writ before HC under article 226 of COI and prayed for direction to the lower court for complete the case within specific time.

Thirdly the DV case is criminal case

fell free to call

bolo (na) 06 December 2011

in DV She has aked only for relief ..will this be still a criminal case ?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 06 December 2011

First get bailable warrants issued against her for not appearing despite summoning.

Also you can move HC under Arfticle 21 for speedy trial.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Yam Raj @ PBI (Social Reformer - www.publicbureauofinvestigation.in) 07 December 2011

What is the full form of DV? On what circumstances is it filed?

Thanks

Chief

Public bureau of investigation

pbi.chief@gmail.com

ravindra (Analyst) 07 December 2011

DV means Domestic Voilance

Yam Raj @ PBI (Social Reformer - www.publicbureauofinvestigation.in) 07 December 2011

thanks you ravindra.

Also let me know if any one can file a case in a court without appointing any advocate?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 08 December 2011

Yes, anyone can institute any case w/o appointing an advicate if he can do the pleadings himself.

Some amount of knowledge of processes is required to start on your own.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Sufferer of 498 (Officer) 02 January 2012

even if one doesn't hold an LLb degree can he/she still practice law???

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 06 January 2012

No he can not practise law, but can represent himself/ herself in all courts of India including Supreme Court of India.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Need help in 498a

10 Replies

Leave a reply

Recent Topics

Related Threads

Popular Discussion

Browse by Category