Ram (aaa) 29 July 2013

Please help me (dv and 498a)

hi,

pl see this is what happening....

1. filed a divorce case first in my city

2. she filed DVC and 498a (private complaint) at her native place on me and my parents

3. after 1 month, DVC first hearing occurred, we were not there. Judge asked about 498a copy to police. police was silent

4. Police filed FIR

5. My parents got bail.

6. i got bail from AP court

7. she filed transfer petition of my divorce case at supreme court to transfer to her native place so as to harassme by travelling 1500 kms to her native to attend divorce, dvc, 498a.

8. in dvc, we filed the reply

9. now it's her turn to record statments and cross

10. she is dragging the case by saying silly reasons like orginal docs of the xerox copies that she filed int he case are missing. the judge is giving new new dates.

11. it's more than 1 1/2 years still pending

few queries...

1. how to speed up the case as i m ready to fight this false case and prove my innocence.

2. how to quash 498a case? is it possible? how to remove my parents from both the cases becasue they never stayed with us. our marriage is 6 months old.

regards,

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8 Replies

adv.raghavan (Advocate,9444674980) 29 July 2013

u have not mentioned who had filled divorce petition,if you have filled on what grounds it was filled with one year of marriage.With regards to your 498A file a quash petition in AP high court under section 482 crpc,what is the status of divorce petition.

Ram (aaa) 29 July 2013

i filed divorce first on grounds of dessertion and cruelty.

several people said that 498a quash is waste of time and money. it wont be successul.

please tell me sir how to speed up DVC case. divorce is pending with supreme court for transfer to her native place by my dirty wife. she wants to get all the cases in her native place in order to harass me becasue i stay 1500+ kilometers away.

in DVC case, it's pending with her for statements and cross but she is delaying gving siilly reasons. what we can do to avoid the delay and speed up?

i want to fight back to prove my innocence. pl advise.

(Guest)

Dear Ram,

Just go trough the following link you will come to know all 498a and its quash

https://www.lawyersclubindia.com/forum/details.asp?mod_id=84890&offset=1#.UfaXNay9LFw

1 Like

adv.raghavan (Advocate,9444674980) 30 July 2013

u have filed divorcecase, what is the status in supreme court ?donot go by what other people say go by your cousel advice, if he is for that then go for the same.u didnot tell where this DVC and 498A case is pending. Generally court will take its time to arrive judgement on all matters, it is upto your counsel to speed up things,i hope he must be doing the same. the onus is on her to prove u are guilty please wait for your time, the rest your advocate will take care.

Ram (aaa) 30 July 2013

Thank you dear Sufferer for the link. it has lots of insights.

Thank you raghavan.

1. my divorce case is still pending with supreme court from last year. my wife wanted to transfer to her native place, which is 1500 KM away from my current city.

2. her DVC and 498a are case still pending in the court at her native place.

3. Her intention is to have all the three cases at her native place. so as to harass me for travelling 1500KM every month or every hearing date.

previous 3 hearings back, she was supposed to provide stmts and my lawyer has to cross her. but her lawyer played a foul game saying all orgnials part of the case are missing and they want some time to get those. And the judge sanctioned new hearing date. they did this game 3 times. my question is if the originals are missng and they are unable to produce. why judge is not cancelling this case? why is she giving next date for hearing?

the indian court is troubling me more than my wife. Pl advise.

regards,

rajiv_lodha (zz) 30 July 2013

Delays are part & parcel of indian courts, so do not frustrate.

What is teh status of TA in SC?

What is teh status of sec23 (interim application) in DV case? Any child b/w u?

ashoksrivastava (scientist) 30 July 2013

@ Ram in all probability your divorce case will be transferred to her native place under CPC section25. Since you will have to visit her native place for 498A and DV case her lawyer will argue that you can also go there for div. case. Courts have generally accepted this silly argument.Be mentally prepared to spend at least 7 years visiting courts once every month for div and once every 2 to 3 months for 498a.Moreover there is no exemption from personal appearance in family courts(though POA to some relative can be given).

If you feel in the beginning itself that Courts are moretroublesome than wife then either reach a compromise with her to save marriage if possible or else for MCD. At the end of it all you would have lost many productive years, lot of hard earned money , peace of mind and capability to take any important decisions in life due to uncertain future.Try your best to settle it out of court.

Regards

ASHOK

Ram (aaa) 11 September 2013

hi,

latest updates:

1. Supreme court allowed transfer petition of my divorce case to her place (another state). Please let me know what is the next step? the destination court will summon me again or do I need to wait till the court summons me or I can take the lawyer to the court? pl suggest what's the next step I should take.

2. Can my cruel wife file any more cases on me apart from DV & 498a?

3. She is delaying the DV process giving silly reasons. Pl help what help I can seek from lower court or high court to make it happen and not delay the process of court proceedings? can I ask court to send her warnings because she is delaying the stuff? her statement is pending in the court...

regards,