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Q Slinger (NA)     04 June 2015

Supreme court process time for 482 dismissal in hc

Dear Experts,

 

482 Quash petitions against my parents and sibling was dismissed HC . The judge, in his orders said, that there is prima facie, even though there is none. The only allegations against them are: "They (accused/parents) did not allow me (complaintant) into the house and necked me out and threatned with dire consequences if I returned" (Note: The accused house is not the matrimonial house as the husband lives abroad and never lived with his parents). This has been independently verified by quite a few lawyers and retired judges themselves.They are unable to understand why a HC judge would give such an adverse orders even when there is no 498a case that is made out. They are the one's that suggested that I approach SC because SC will definitly quash it.

 

I have been talking to a few SC lawyers and all are promising that the case will be disposed off within 3 to 6 months. However, people who previously approached SC are telling me that the process will take more than a year due to the number of backlog of cases. 

Kind request to all those practising in SC to comment on the following questions:

1. How long does it take from filing of the case to first hearing?

2. How long does it take for second hearing once notices are served?

3. How many hearings does SC conduct to decide the case?

4. Is the 3-6 month time period quoted by some SC lawyers, valid?

5. How much should I expect to pay for SC appeal? Number of Accused are 3 and the allegations against all of them are exact same.



Learning

 1 Replies

Aashish George (lawyer)     04 June 2015

well, i am not a Supreme court advocate, trial and high court are my thing. saying that,

let me answer your query step by step, cos i experienced it in a case.

1. How long does it take from filing of the case to first hearing?

ans. considering that there are no objections in filing, max to max 2 days.

2. How long does it take for second hearing once notices are served?

ans. well that cannot be estimated it depends on how dire the situation is, press for a stay on the 1st date itself

3. How many hearings does SC conduct to decide the case?

ans. again, it depends on the judge, he can dismiss it the same day or a year later or grant relief on the second date it self. it can a month or many months...

4. Is the 3-6 month time period quoted by some SC lawyers, valid?

ans. yes, to a certain extent he is right. but it can take longer you know so dont bet your money on it.

5. How much should I expect to pay for SC appeal? Number of Accused are 3 and the allegations against all of them are exact same.

ans. my boss, Senior Advocate Mr. K.K.Manan (google him if you like) always tells his clients, "if you loose a civil case you can go back home, whereas if you loose a criminal case, you go to jail! this is your life, dont try to experiment on your own.  read up on the advocate you are gonna hire, ask around, google him, see how many cases he has won, dont believe anyone...do your research, make the choice and pay him what he asks in order to save your family.

best of luck

 

 

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