Hello Lawyer Friends, I have a very tough question.
Dear Sir, I am govt employee and got married on May'13 and filed a divorce case against my wife in my homwtown Kota in April'14. In the month of July'14 my wife filed a false 498 A case against me in Jaipur due to which i was jailed for 02 days , later got bailed from the court. In the month of Oct'14 she filed a petition in Rajasthan High Court to transfer the divorce case from Kota to Jaipur & wants stay on the divorce case . Now she had filed false maintenance case under section 125 and she is demanding Rs. 25,000 per month in Family Court , Jaipur and DV case. Sir kindly help me to quash 498a and also to cancel her maintenance ( I have her call recordings in which she is asking steps to abort my children from her mother , sister , bhabhi and saying that she will give me divorce after 02 years because during 02 years I will make some property and Govt. has rule that wife had 50% share in husband property and she will leave happily) . My wife is well educated ( BA , BEd , MA , MEd ) and she had written all false things in her maintenance case. Now my questions are: 1. How can i fight against false 498 case & cancellation of 125 interim maintenance & quashing of 498a. 2. Also can I still fight 498a and maintenance during divorce case. 3. Please guide me how can I take legal action against my wife if high court quashes 498a. It�s a humble request you to guide me in above three points on priority.
I filed a 482 crpc in high court upon the advice of a family friend lawyer. It is not good to take names but she during the course of arguments did not press for the main points which were the key points to show that it was a false case and that there was no evidance to what she had claimed nor there was any substance to it in the chargesheet. During my continued consulatation and discussion till even the day before the arguments told me that this is the start point we will argue but during the arguments she did not argue upon those star points she told so. Now the 482 crpc is dismissed. The order of the judge does not record those points which are actually present in the "Grounds" section of the petition.
Now my question is what is the next remedy I can avail. I want to approach the high court again and tell them that due to an inadvertent mistake the below points were not able to get argued by my counsel and i want to bring this point on record. Then let him take the decision. Whether to accept or dismiss. For this in Rajasthan High Court what to do :
1. File Review
2. File LPA
3. Or Go to Supreme Court because those star points which would have got me out have not been argued(not only in my opinion but other lawyers also) Supreme Court lawyer says that those points are definately your grounds in the case but it is not mentioned in the order and it has not been argued out in your case so might not the Court consider this.
You will be asked to file review. The other High court lawyer i met said there is no provision to review its own order dismissing 482crpc because of bar of 362crpc. Another one said you have to file LPA.
The other said go to supreme court. I request somebody with the clear cut knowledge to guide me correctly in the above situation. I folded handedly ask to tell me the correct situation. I was also told that there are judgements which tell that clients should not suffer for the mistake of their lawyers.
