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Juned A Harrased (Learner)     17 November 2014

Urgent help on false dv, quashing it and jurisdication issue

Respected Lawyers, Archana Madam , Nadeem sir, Shony Sir, Kapeel Chanda, and All

My Wife file DV made false allegations against Me My Family Some women and Aged  lived different places

How can remove their name cause some of them them are above 70 and are sick

 

Six Months ago I uttered Talak irecoverable in the presence of two witness at Kazi of city. Same was published in the  news paper  and a legal notice and iddat amount was also sent by post. Its is returned. Reason was mentioned disobedience and internal conflict. For Last three week she denied to s*xual relation by saying that she had boy friend her parents unwillingly married with me. She always used to talked on phone to her boyfriend. She further said that he presently ready to marry her and want talak from me. After getting talak she went her home where her boyfriend didn’t keep his promise. In this background she file false DV Case. I have recorded her voice into my mobile phone what she said. I also recorded telephonic conversation that she was demanding talak.

Sir guide me that I  can file Quash to DV in  HC.  JMFC Malkapur under Nagpur HC.  I lived and employed in Jalna District that falls in Aurangabad HC where should to file for Quash. Whether it  is possible to  get quash. Can HC give stay order to trail proceeding .

Jurisdiction  Issue

Sir can file petition to case transfer from Malkapur to Jalna. It is very long 150km from my Job place.

My Lawyer advice me to file petition for divorce decree. But Adv Archana advised me from forum that it is not necessary.  Talak  happened with all formalities according to personal law. There is no provision under dissolution of muslim marriage act for husband.  It wil be wastage of Time (money) and  court and also me.  Under which section can I(muslim) apply  for divorce decree.

How can I take benefit of recording for defense.  Please give me contact and address of Tran scriptting and certifying genuineness of  recording agencies.  Under which  section I get permission of Court.

Please guide me about defense and counter cases of DV 



Learning

 1 Replies

Adv. Chandrasekhar (Advocate)     17 November 2014

Your question was, if I recollect correctly, very impressively answered by Adv. Archana. 


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