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(Guest)

When can i move application u/s 482 ?

Can someone tell me when can i move application U/S 482 for quash of DV case ? Can i do it as soon as i am summoned or do i have to wait for lower court judgement ? I just found that my wife has filed DV complaint just to harass me and as usual they will try to delay the case for 2-3 months by getting different dates and then she withdraws the complaint very gently. This time i want to drag her to High court so that she has to travel 10 hours with me. Can i move this application U/S 482 right away after i am summoned ? Please advise.



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 6 Replies

Rahul Mehrotra (Advocate Allahabad High Court)     29 April 2014

Dear Jon, You can challenge the summoning orders u/s 482 in the High Court. Plz clear one thing, is that ur wife is habitual of filing complaint  or this is the first one?


(Guest)
Originally posted by : Rahul Mehrotra

Dear Jon, You can challenge the summoning orders u/s 482 in the High Court. Plz clear one thing, is that ur wife is habitual of filing complaint  or this is the first one?

Yes sir she is habitual of filing complaint and this is not the first time and i know it is not the last time. But this time i have decided to experiment something else now. She has obtained legal aid in local court and for her to move that case will be a leisure if i bring her to high court then the result will be sooner. I don't care if she gets legal aid in high court but atleast she will have to come to different city. Last time, i did that in I.P.C. 406 and she withdrew her complaint as soon as i applied for certified copies declaring that we are moving this application to high court. I have nothing to loose - if i loose then i have to honor court's decision but if i can drag her to different city then i am sure she will come to me for compromise.

Mahesh R. Sonawane (Lawyer/Fight for justice)     29 April 2014

You can file the qushing proceedings at any stage before Judgement,

after Judgement of lower court, the High court not interfere in the matter.

Dr J C Vashista (Advocate)     29 April 2014

Move to High Court as early as possiblle


(Guest)
Originally posted by : Dr J C Vashista 9891152939

Move to High Court as early as possiblle

Sir do i have to wait for summons ?

T. Kalaiselvan, Advocate (Advocate)     01 May 2014

Summons or notice from the court will confirm that there has been a case file against you and you are to appear before the court on the said date for further proceedings.  Please ensure this and then think about moving high court for quash.


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