Raj (law) 30 September 2014

What counter cases cane be filed to create pressure tactics

My SIL has filed the 498-A, Domestic Violence, 125 Crpc in her home town and we are living in different city and every month we have to attend court hearing for 2-3 times in her area..we filed the divorce, child custody but she transferred in her home town and almost 4 years has passed and cases are pending there. Family peace has been disturbed, young sisters remain unmarried due to criminal cases..Move to High court for quashing but dismissed..Asked her for compromise but she refused..Came to know that these cases run for 10-15 years and even more..asked for mediation but she refused.. she and her family memebers are enjoying for the harassment which we regulalry facing

Some one told me that they will not bow down unless some counter cases to be filed..But as per my knowledge the counter cases to be filed after being acquitted till that time god knows whether we survives or become bankrupt by the course of time

Please suggest some remedy

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5 Replies

Tajobsindia (Senior Partner ) 30 September 2014

@ Author,

1. You have not mentioned exactly at what stage respective cases are. Be that as they may be, one can always approach State’s HC seeking direction to dispose respective case in time – bound period.

2. From presented brief it is difficult to opine even on possible counter case(s) is also my view.

3. You guess on timeline to see finality of mentioned cases in situation like mentioned one is as right as good as any other victim's here in the forum. Suggest discussing matter with seasoned local advocate found via reference other than his current advocate with all case papers for h/er legal opinion.

Vickey Seerapu (Lawyer) 30 September 2014

I would like to know the exact stage of the cases. Then get back to us. We can suggess you what to do on next stage....

Adv k . mahesh (advocate) 30 September 2014

first with all the cases documents meet another lawyer and take his opinion and decide

T. Kalaiselvan, Advocate (Advocate) 04 October 2014

The option before you is to move application in the criminal courts u/s 205 Cr.p.c. to dispense with the personal appearance of your household members implicated in the case on all the dates of hearing before the court for the reasons stated in the application. This way you can put your people on temporary relief. If your advocate is not effective, you may think about changing him/her.