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Sajeev (Senior HSE Supervisor)     24 October 2011

Replay

Sir,

I already gave details to” lawyers club  of India “ Now I explain my Story is ex-wife filed the case against me and my parents in 2005, that time “they ask me give one property we will remove” the case (she and her parents) I gave property almost Rs-60 lakh coast, (her and my both son’s name now age 19 and 13 years all the study expense I am paying through her account). After that they inform police authority for withdraw the case, but properly they not given any letter to police,. 3years later again case comes up/Re open  to court. in 2010, court issue warrant against me and my parents. We get bail from court. I discussed with advocate  he told me, she filed the case against me and parents we are  mentally and physically torching them,IPC 498-A, also she put  one more point   I married somewhere else in Kannur , she is  telling she have proof,(anyway I tell you fact, I Re-marred  a widow she having 11 year son in 2004 I have one kids, 5 years old) last year I file the case for Divorce in Kottayam family court  and finally judgement received favour of me, now we are waiting for this case. next hearing date is 21 Nov 2011,I am working in Qatar My aged parents staying alone my native place Kottayam (age 80 and 70 years) I have no idea how I proceed this case every two months court hearing coming I can’t go timely court, any chance to file against her for forcing to  withdraw the case, I totally confused what I do?

Please replay me.

 

Thanks& Regards

Sajeev



Learning

 5 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     24 October 2011

talk to her and settle the matter mutualy, if you are not willing to fight

but if you are willing to fight the case then come and fight

Sajeev (Senior HSE Supervisor)     24 October 2011

Sir,

If I going to fight in Court what is the result  will coming from court, its coming to my favour?

ajay sethi (lawyer)     24 October 2011

how could you remarry before your divorce? you are guilty of bigamy . as far a s 498 a case is concerned what are the allegations in complaint? if in 2005 you have started lving separately then how can in 2010 youwill be physically torturing her . you have to point out all facts beore court that you are living separate for so many years , that you have given her property worth 60 lakhs . di you take any letter  in writing from her at time of making payment ?

Sajeev (Senior HSE Supervisor)     24 October 2011

Yes Sir,

I have all document to the Payment,last seven years we are separately living during that time I Remarried, she filed case in 2005. we can't continue our life so that I Separated and Remarried, later she know this story, and filed the case with political support,

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     25 October 2011

1. 498-a is non-compundable, she can not withdraw the case.

2. If she has proof of your re-marriage, she can file a case of bigamy.

3. Paying of maintenance or other expenses is no ground for mercy in criminal matters.

 

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


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