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Gaurav (Engineer)     17 April 2014

498- speedy trial

Dear Sir,

My wife has filed 498A case against myself and my parents. Case is on evidence stage. She has given her statements before the magistrate and on the next hearing her parents statements will be recorded before the magistrate. In this case, there are only three procecution witness my wife and her parents and two accused my self and my mother. I want to complete this case as early as possible.

Now, i heard from the near ones of  my wife's family that they will not appear on the next hearing in the court and will prolong  the case as long as possible as they knew that they made false allegations against us and those allegations can never be prove in the court.

Kindly advise how can i prevent them to prolong 498A case as i want the early judgement in 498A case to strenghten the divorce case.  (Judge in the lower court giving dates in gap of 3 months)



Learning

 16 Replies

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     17 April 2014

Your divorce case is problem hence this case will drag on, nothing can be done.

498_final stage (Professional)     17 April 2014

Hi Gaurav,

Please clarify who filed the divorce first? You or your wife?

Also clarify when the divorced was filed ? Before/After 498a?

Gaurav (Engineer)     17 April 2014

Dear Sir,

I filed the divorce based on cruelty after 498A case. I have got AB from the high court and my parents got AB from the sessions court and this case is on EVIDENCE stage.

498_final stage (Professional)     17 April 2014

So you are in a good shape. I think you can speak to your lawyer and  a petition for fast track resolution can be filed. You can mention it is impacting your job as you have to travel abroad for the same. I am not sure if the petition has to be in the lower court. But there is some provision

Have you approached High Court for Quashing of your case?? Do you have some evidence like email, audio/video etc??

In which state does your jurisdiction fall?

 

Gaurav (Engineer)     17 April 2014

Dear Sir,

I didn't approach to high court for quashing. Jurisdiction falls under Gurgaon district court (Haryana).

I have 5-6 audio recordings in which my wife is using abusing/filthy language for myself and my mother. She is also saying in the recording that  "if you don't force ur mother to leave the home than I am going to my matrimonial home with my own will and I will give my statements in the court that i left the matrimonial home along with my parents with my own will".

I have also SMS's in which she is threathing me that if you don't sign the affidavit then I will not return to my matrimonial home.

She has stated the following points in the statements given before the CJM, Gurgaon (During Cross-Examination):

1. I have not informed my husband and mother-in-law on the birth of male child.

2. My husband came to my parents home twice to take me back to matriminial home.

3. There was no minor and major injuries for which i had to go the hospital.

4. I left my matrimonial home along with my parents on 23rd April, 2012 and since then I am staying with my parents.

5. There is no role of mu husband and my mother-in-law in the abortion of my first child. ( But in the FIR she mentioned that her husband and mother-in-law aborts the first child)

Gaurav (Engineer)     17 April 2014

Dear Sir,

I didn't approach to high court for quashing. Jurisdiction falls under Gurgaon district court (Haryana).

I have 5-6 audio recordings in which my wife is using abusing/filthy language for myself and my mother. She is also saying in the recording that  "if you don't force ur mother to leave the home than I am going to my matrimonial home with my own will and I will give my statements in the court that i left the matrimonial home along with my parents with my own will".

I have also SMS's in which she is threathing me that if you don't sign the affidavit then I will not return to my matrimonial home.

She has stated the following points in the statements given before the CJM, Gurgaon (During Cross-Examination):

1. I have not informed my husband and mother-in-law on the birth of male child.

2. My husband came to my parents home twice to take me back to matriminial home.

3. There was no minor and major injuries for which i had to go the hospital.

4. I left my matrimonial home along with my parents on 23rd April, 2012 and since then I am staying with my parents.

5. There is no role of mu husband and my mother-in-law in the abortion of my first child. ( But in the FIR she mentioned that her husband and mother-in-law aborts the first child)

498 A fighter (Advocate)     17 April 2014

check you personel message box

498_final stage (Professional)     17 April 2014

dear 498a Fighter... I didnt get any message from you in my personal inbox here.

Gaurav (Engineer)     17 April 2014

Dear Sir,

I didn't approach to high court for quashing. Jurisdiction falls under Gurgaon district court (Haryana).

I have 5-6 audio recordings in which my wife is using abusing/filthy language for myself and my mother. She is also saying in the recording that  "if you don't force ur mother to leave the home than I am going to my matrimonial home with my own will and I will give my statements in the court that i left the matrimonial home along with my parents with my own will".

I have also SMS's in which she is threathing me that if you don't sign the affidavit then I will not return to my matrimonial home.

She has stated the following points in the statements given before the CJM, Gurgaon (During Cross-Examination):

1. I have not informed my husband and mother-in-law on the birth of male child.

2. My husband came to my parents home twice to take me back to matriminial home.

3. There was no minor and major injuries for which i had to go the hospital.

4. I left my matrimonial home along with my parents on 23rd April, 2012 and since then I am staying with my parents.

5. There is no role of mu husband and my mother-in-law in the abortion of my first child. ( But in the FIR she mentioned that her husband and mother-in-law aborts the first child)

Gaurav (Engineer)     17 April 2014

Dear Sir,

Kindly Advise !!!

Sudhir Kumar, Advocate (Advocate)     17 April 2014

speedy trial is treated as a human right of the accused

SeekAdvice India (NA)     17 April 2014

Need Free On-call Legal Advice.???

Just give a missed call on 08010201301(toll free)

or

visit https://www.seekadvice.in.


India's first On-call legal advisor.

SeekAdvice India (NA)     17 April 2014

Need Free On-call Legal Advice.???

Just give a missed call on 08010201301(toll free)

or

visit https://www.seekadvice.in.


India's first On-call legal advisor.

498_final stage (Professional)     18 April 2014

I second Mr Sudheer Kumar. Talk to your lawyers and there is certainly a way to ask for a speedy trial


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