498a + wife ex-parte divorce - contesting via set a side
naady.nady
(Querist) 07 July 2015
This query is : Resolved
Hi
My wife filed 498a in Sept 2013 and charge sheet also filed. I am a NRI, I went back to Saudi Arabia and My lawyer filed a Quash petition in High Court for A2 and A3. As I was absent for the court date a NBW was issued for me.
My HC lawyer is continuing to take Stay Order for A2 and A3 and the case is continuing.
In June 2015 my wife took Exparte Divorce without any information to me and my family. Once the Ex-parte divorce has been completed on Jun 24-2015, my wife father sent a post that includes two news papers cuttings of notice publication saying to attend the case otherwise the case will go in exparte divorce.
I said my lawyer to file a set aside application in the family court. He asked me to send a power of attorney to represent my father on my behalf.
My question is
1. When does the quash will be completed since its more than a year, HC lawyer continuing to take stay orders, Please advise me what to do to finish the quash for A2 and A3 as soon as possible.
2. I am afraid to send the Special POA because it will be attested by Indian Embassy in Saudi Arabia which shows that I am in Saudi Arabia. Does it create a problem for me in future like look out circular or red corner notices because I will be frequently travelling to other countries in the gulf by road.
3. Is their any other way that without Special POA my lawyer can file a "set a side".
4. Please advise me either to send the Special POA or not because it reveals my contact details of saudi arabia.
5. As their was no POA in 498A ( i was arrested and later bailed) just only vakaltnama signed by me, does 498A and filing Set a Side for ex-parte divorce has any connection between each other, does it create a problem for me later on
6. I have a child of 2 years 2 months old, suggest me when to file a child custody case as the baby is with the mother. She is not willing to give the child and I am not willing to leave the child with her so guys please advise me.........
Please advise me .............
P. Venu
(Expert) 08 July 2015
There are separate process involved. From the facts disclosed, your lawyer is taking care of the criminal case under 498A IPC. PoA has no relevance in this case.
As regards the divorce case, it advisable to authorise close relation through a PoA.
