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Shiva......... (owner)     21 September 2013

Quashing 498a at high court

Dear Experts,

I am facing DV case since last 6 months. I filed for Divorce two months back. I am fearing 498a case may also be lodged as a counter to my Divorce petition.

Want to know is there a way to quash 498 a at high court ?

If yes, on what grounds can it be quashed ?

Can Justice Roshan Dalvies judgment in DV case  be useful to quash 498 a?



Learning

 4 Replies


(Guest)

@ Author,

 

1. Quash of any case is done only in two circumstances:

 

a. If you have stringent proof against the applicant/petitioner that the allegations are false and oblique in nature.

 

b. If both parties have arrived on common settlement. Now,you choose which ground you have to quash 498a/DVA via CrPc 482 in HC.

 

Can Justice Roshan Dalvies judgment in DV case be useful to quash 498 a?

 

Opinion: It depend's on your case , it's facts and circumstances relevant to such judgement or not.

 

For more details of quash you can go through my thread "A well said strategie to fight 498A,DVA & Maintenance cases.


regards.

1 Like

(Guest)

@ Author,

 

1. Quash of any case is done only in two circumstances:

 

a. If you have stringent proof against the applicant/petitioner that the allegations are false and oblique in nature.

 

b. If both parties have arrived on common settlement.

 

Now,you choose which ground you have to quash 498a/DVA via CrPc 482 in HC.

 

Can Justice Roshan Dalvies judgment in DV case  be useful to quash 498 a?

 

Opinion: It depend's on your case , it's facts and circumstances relevant to such judgement or not.

 

 

For more details of quash you can go through my thread "A well said strategie to fight 498A,DVA & Maintenance cases.


regards.

dhruv (other)     21 September 2013

Thanks for responses. Some more details here.

Mediation ongoing in my RCR case against her. I fear that I will have to continue paying the rent of the rented accomodation after either being kicked out or against a protection order against me while I still reside in the flat. Wife not agreeing to stay in actual matrimonial home about 12 km away from her parents place.

I dont want to have indefinite liability of flat etc because after the trial period of cohabitation in the rented apartment wife will continue the cases against me and continue to stay in the rented accomodation which is not needed as my father's home is already available for staying. Is my fear true???????????

She is after money which was jointly agreed to be used earlier and has already been used.

Double digit years of marriage which I want to save but not with absurd conditions like this. Have 2 beautiful children also.

T. Kalaiselvan, Advocate (Advocate)     22 September 2013

Dear Dhruv,

Donot break a well built matrimonial home consisting of two beautiful children also for silly egotist reasons;  Give and take should be the principles to be followed in a married life because the separate poles before marriage have joined to make a pleasant marital voyage,  which should not drown in the mid of sea due to a petty and solvable reasons;  Atleast for the sake of your children, convince your wife and live together by adjusting with he demands over which you will be gainer in life.


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