notit4tat (SoftwareEngineer) 22 April 2013

Quashing/defence-stay order

Dear All,

I have couple questions on 498A, DV3&4. What do you recomend whether going for Quashing at HC level or defence at sessional court? But Charge sheet is not yet filed do not know when it happens if I want to go for defence at sessional court.

Couple of Laywers suggested me go for Stay order @ HC level, as I have to go for overseas on work permit and I do not want to waste my earning time at least (as she has already spoiled my personal life with misuse of the law)

Can Court allow me going on workpermit for more than year with Stay order (if possible) or on chargesheet is being pending?

Under what all the conditions I can go overseas for more than year on workpermit?

In AB Sessional court said I have to take permission from the court under situations and also my passport is with sessional court only.

Can I take my passport permanently from sessional court when I get Stay order?

I feel I may not get VISA work permit with 498A,3&4DV being pending. I am NOT at qualified for victime of 498A, 3&4 DV as have not asked any dowry, my wife only keep blackmaling me on family authorities as she want to control every thing in each & every family matters though she is not ABLE to do. Couple of times also I have given to her to manage the things but she failed as she seek help from her mother on daily basis andon our finance management.

Please suggest me on this matter

Thanks a lot for you suggestions in advance

Regards

Ravi

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3 Replies

advocate praveen (prop.) 22 April 2013

Dear,

before any suggetion, it is your need to go outside for job. So u try to settel the matter before contesting the same. However, u will get the relief from the High Court either stay or quashing of proceeding if the same is false and u have the sufficient ground.

regards

advocate.praveen@hotmail.com

notit4tat (SoftwareEngineer) 23 April 2013

Hi Thanks for you suggestion. I really want to settle the matter but so far (4 months are over) charge sheet is not filed. How long can I wait?

Most of the lawyers says that 498A can not be quashed at HC level, then thr is no point fileng for the same instaed if they file charge sheet, with defence I am very sure I can defend on the issue.

So I am confused should I go for Stay or defend at sessional court with unknown time(do nto know when it happnes)

As I am sure that my wife will not get marry anyone else instead she only looks after my 2 yeas old son throught her life and as she has extremly huge amount of self esteem so I feel she nither accept for divorse nor join me ( I filed restitution 4 months before she filed 498A, before filing restitution I made sure that lots of couselings happned inclding police station where 498A is filed, every one told me to approch cout)

Please clear my doubt what can I do

Thanks