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Counter cases in 498-a

(Querist) 30 September 2014 This query is : Resolved 
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
Sudhir Kumar, Advocate (Expert) 30 September 2014
counter cases?

You have not sated any fact which can reveal any criminal action on their part.


This forum senior members do not advise artificial cases.

please reveal some facts where do you think they are wrong enough to make a criminal case.
Anirudh (Expert) 30 September 2014
In which city the divorce case is pending? Why it is pending?
Rajendra K Goyal (Expert) 30 September 2014
Author, reply the questions from experts.
ajay sethi (Expert) 30 September 2014
contest case on merits . no need to file counter cases
Dr J C Vashista (Expert) 01 October 2014
You have no alternative but to face/ contest the case(s) at the most you can file counter-case of RCR etc. in your home town court.
T. Kalaiselvan, Advocate (Expert) 04 October 2014
There is no such thing called counter case especially at this juncture where the time has crossed over for four years. Never get misguided with such fancy and frolic ideas. In criminal cases let your household members file a petition before the magistrate court u/s 205 cr.p.c. seeking court's permission to dispense with the personal appearance on each and every hearing. You can attend the case regularly.


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