Suresh Sharma 26 April 2018

Need urgent help

I am facing 498a case in which punished in 2015.

Now I am under appeal at session court.

History of my case is as below -

Marriage in 29 Feb 1992.

Son Born in Dec 1992.

498a FIR done by wife in Dec1993.

I filed divorce case under desertion, cruelity etc in May 1994.

498a trial started in 1995.

Wife gave statement in 498a court in Feb 1996.

In March 1996, wife accepted in divorce case desertion with date 22 March 1992. Means just 22 days after marriage. and demanded divorce.

Divorce granted in Sept 1996.

I got punished in March 2015 by lower court.

Presently under appeal at session court.

I need your kind guidance in this.

Any solid law point which can save me.

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3 Replies

Suresh Sharma 26 April 2018

My question is -

when wife deserted husband after 22 days of marriage then it means she left the matrimonial home then how can I can do cruelity to her. Instead she is doing cruelity to me by deserting husband.

Court can consider this point legally or not?

Can wife say 2 different story to 2 different courts for two different cases as per her suitability.

In lower court some of exihibits are missing and not reconstructed and lower court gave judgement against me.

Few days ago it was learnt that some of my deposition pages are also missing from file.

What options are with me?

What court will do further?

What should I do?

Here lawyers are saying that it is a very rare case in which docs are getting missing.

Plz guide and suggest.....

Will be helpful to you, Sir.

Siddharth Jain 27 April 2018

where are you located?

(Guest)

Originally posted by : Suresh Sharma

My question is -

when wife deserted husband after 22 days of marriage then it means she left the matrimonial home then how can I can do cruelity to her. Instead she is doing cruelity to me by deserting husband.

Court can consider this point legally or not?
Yes
Can wife say 2 different story to 2 different courts for two different cases as per her suitability.
Yes
In lower court some of exihibits are missing and not reconstructed and lower court gave judgement against me.

Few days ago it was learnt that some of my deposition pages are also missing from file.
Then intimate this to the judge, file a complaint regarding this with district judge.
What options are with me?
Mutual divorce and contested divorce.
What court will do further?
If you want mutual divorce, it will give divorce in 6 months. If you want to fight life long, it will give divorce after your fight is over after 20 years.
What should I do?
Take mutual divorce. You will be free man in 6 months.
Here lawyers are saying that it is a very rare case in which docs are getting missing.
It is haath ka kamaal of the opposite party advocate and corrupt bench clerk of the court. You contact ACB which is anti corruption bureau and set up a plan and catch the court bench clerk, shirestedaar, etc.

These happen on daily basis in courts. This missing documents make the case lengthier and tedious, draining the life out of you. You cannot change the corrupt system. What you can do is throw money and take mutual divorce.

Plz guide and suggest.....

Will be helpful to you, Sir.

Though you cannot do anything to the advocate, it is the same for the court officials. I suggest against filing any case with ACB. You can file a complaint against the court officials with the chief judicial magistrate in writing or the distirct judge. coz it should not be like.. Phasa hua ungli nikaalte nikaalte loda phasgaya.

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3 Replies

These happen on daily basis in courts. This missing documents make the case lengthier and tedious, draining the life out of you. You cannot change the corrupt system. What you can do is throw money and take mutual divorce.

Plz guide and suggest.....

Will be helpful to you, Sir.

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