Balaji (Self) 13 October 2014

Same day 498a -divorce hearings-same judge

Hi All,

My wife filed 498a on me on 03.10.2013. Later she filed divorce under sec 13 1ia,ib. I was not attending hearings and didn’t get notice from court. After compromise also she is not cooperating to with draw the case because of that am not attending in Divorce hearings. 12 divorce hearings completed but I didn’t attend one hearing also after filing divorce counter by my lawyer. My lawyer supporting to other party.

Now this month I have 498a and Divorce hearings same day and same judge. My intention is till 498a close,I don’t want to give divorce to her. In case if I attend divorce hearing judge will scold me?

Please advise how to escape from Divorce hearing? I want to attend only 498a hearing. Thanks for ur time.

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7 Replies

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 14 October 2014

Mr. Balaji,

I have advised with the best knowledge that I have.

If you don't take action yourself then I am afraid.

Self help is the best way.

Please read each of my posts carefully in the following links.

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 14 October 2014

Dear Querist

As per your information, it is not possible that both the cases will be listing before the same court, divorce case will be heard and tried by family court and 498A case will be tried by Magistrate court then how both the cases will heard by same judge and same day.

if there is any settlement between both of you the compliance of that settlement is mandatory.

feel free to call

Balaji (Self) 15 October 2014

Hi All, 498A hearing on 17.10.2014. same day I have divorce hearing also. am getting scare to go court because my in laws planning to do something to me. Please advise how avoid both heraings ?. Is it possible to me to take lawyer from our hometown and file absent petition in 498a court? Please advise.Thanks for ur time.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 16 October 2014

DAR KE AAGE JIT HAI.

Win ahead of fear.

You can change your lawyer any time you wish.

You can move in-person(Without lawyer) also.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 17 October 2014

Bala Ji,

If you don't attend the court, the trial court can issue NBW against you. You can not avoid going to court indefinately, better present your case properly.

Regards,

Shonee Kapoor

www.shoneekapoor.com

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 18 October 2014

Your can represent through your legal representative.

Fire you current lawyer immediately. Appoint a lawyer whom you trust and give a regular HJIRA on that day.

You need not go physically.

Please see the following link. It might helpful to you.

https://www.nolo.com/legal-encyclopedia/problems-with-lawyer-tips-strategies-29925.html

T. Kalaiselvan, Advocate (Advocate) 18 October 2014

If you have go change your lawyer in the divorce case, you may have to get the previous lawyer's NOC in vakalat or you have to be present before the court in person and express that you would like to change your lawyer, until then you will not be permitted to be represented through a new lawyer. In the pending criminal case, you can take the help of a lawyer of your choice, ask him to file a memo of appearance on your behalf and take over your case in the criminal court, if you apprehend your in-laws to trouble you on the date of hearing, you may ask your new lawyer to represent you in the criminal court and file a petition u/s 317 cr.p.c. to condone your absence before the court on the date of hearing.