Legal stand of criminal cases filed by husband after getting divorce....
Talk Zone
(Querist) 22 August 2014
This query is : Resolved
Dear Experts,
1). Husband has filed Criminal complaints u/s 497 & 494 of IPC in Aug & Oct-2012 with evidences.
2). Wife has filed an application u/s 125 for maintenance and also filed a false complaint of dowry & harassment before police in May-2013 with the help of her Father that too without any evidences.
3). Husband has filed an application under Guardian & Ward Act for Custody of Female Child (age 8 years) in Aug-2013.
4). Police has registered the wife's complaint against husband u/s 498a in Sep-2013.
5). Husband has filed an application for Divorce under HMA in Oct-2013.
Proceedings of 125, Child Custody & Divorce were started simultaneously. Now Police had registered a case u/s 420 against wife's father and they all are escaped from the city and even wife is not attending the cases at Criminal Court as well as the Family Court.
Wife has taken the child with her. Police is searching wife's father - no one know where they are at the moment.
As of now application u/s 125 for maintenance filed by the wife is dismissed by the Family Court as she is not attending the hearing since long and order for Divorce is at the verge of issue.
Experts please let me know:
a) What will be the legal stand of the Criminal Complaints u/s 497 & 494 of IPC filed by husband after he gets Divorce?
b) Whether the Ex-parte/Single Sided Orders for Maintenance, Divorce & Child Custody issued by Family Court are Appealable?
With Thanks & Best regards.
Ajay Bansal
(Expert) 22 August 2014
a] Proceedings u/s 497 & 494 can run in court.
b] Ex-parte/ Single sided orders in question are appealable at High Court.
Shonee Kapoor
(Expert) 23 August 2014
The court would issue non-bailable warrants and then start proceedings to declare then Proclaimed Offender.
Regards,
Shonee Kapoor
www.shoneekapoor.com
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If you don't fight for what you want, don't cry for what you LOST.
Shonee Kapoor
(Expert) 23 August 2014
And yes, girl's applications are dismissed in default, which can be restored easily.
Regards,
Shonee Kapoor
www.shoneekapoor.com
Facebook: www.facebook.com/shoneekapoor
twitter.com/shoneekapoor
Yahoogroups: http://groups.yahoo.com/group/sahodar
If you don't fight for what you want, don't cry for what you LOST.
