High court refused to decide 498a quash application


My wife FIR under 498a and various section of DPA. Session court granted ACB to all. I moved HC to quash the FIR, HC granted stay on FIR around 5 years ago. Both applied divorce but in separate states, wife not ready for MCD as she is demanding exorbitant amount as alimony. I have applied several application in High Court for early hearing of quash application as mediation/ reconciliation part is over years ago. HC admits the application, gives new dates which never comes on board and court disposes the early hearing application. In last few month, quash matter came before Judge around 4pm and he said he is too tired and would listen the matter on next date. After several date, matter came again on board for before same judge and he refused to decide the matter saying that both parties should decide the matter and then come to court. Finally he said that matter would be heard after summer vacation. Bench changed after vacation and matter comes last in cause list, no chance of hearing. This is not the only instance where High Court using tactics to pressurize to settle the dispute. (Cough up money which I can’t afford even if I sell my both Kidneys). 

Can anyone please suggest/guide to how to get relief from Supreme Court as High Court is indirectly forcing to compound a non-compoundable case and failing on its constitutional liabilities.

 
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Advocate

Why to sell both kidneys and if you do that how will you survive?

Best for you is to keep fighting the divorce cases on merits, even if both cases of divorce filled by both of you fail you should not worry, wait for some more time to file fresh divorce case on the basis of new facts.

As far criminal complaint case u/s 498A IPC is concerned better withdraw the quashing petition filled in the High Court as that will never get you out by any way for another couple of years, better fight the 498A IPC complaint case on merits as the onus to prove you guilty is on the prosecution, wife. In the end that case will fail on merits and you get acquitted, after that you can file divorce case on the new facts for cruelty and will get order for divorce easily.

No paying huge sum to wife after selling both kidneys, just take legal help from experienced nd expert lawyer rather typical ones who is taking you nowhere.

 
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you may file application for early and urgent hearing however, best to fight it at trail court if charge sheet filed
 
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Originally posted by : LegalAdvice
My wife FIR under 498a and various section of DPA. Session court granted ACB to all. I moved HC to quash the FIR, HC granted stay on FIR around 5 years ago. Both applied divorce but in separate states, wife not ready for MCD as she is demanding exorbitant amount as alimony. I have applied several application in High Court for early hearing of quash application as mediation/ reconciliation part is over years ago. HC admits the application, gives new dates which never comes on board and court disposes the early hearing application. In last few month, quash matter came before Judge around 4pm and he said he is too tired and would listen the matter on next date. After several date, matter came again on board for before same judge and he refused to decide the matter saying that both parties should decide the matter and then come to court. Finally he said that matter would be heard after summer vacation. Bench changed after vacation and matter comes last in cause list, no chance of hearing. This is not the only instance where High Court using tactics to pressurize to settle the dispute. (Cough up money which I can’t afford even if I sell my both Kidneys). 

Can anyone please suggest/guide to how to get relief from Supreme Court as High Court is indirectly forcing to compound a non-compoundable case and failing on its constitutional liabilities.

I think the trial/investigation is already stayed so if in case your passport is not impounded then there is no point in hurry up the quash. Let it takes it own time and also in the wife divorce case file a memo/counter stating that you don't have any objection to divorce but with so and so alimony only because of so and so financial conditions.

 
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LAWYER

It was a big mistake by you that you filed Quashing .   Quashing is not allowed unless the matter is settled amicable in Divorce Petition.   You wasted 5 years   Instead you could contest 98A case and get acquittal.   Better withdraw Quashing Petition. concentrate on your divorce petition, 

 
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LAWYER

First of all, you have to understand the time, energy, money and the mental peace involved in uch litigations.   First of ll you matter is not good case for quashing.   When Quashing is sucessful where you could give pprimafacie clear cut proof of her innocence.    In 48A case you can prove your innocence only after leading evidence.   You wasted 5 years after High court for uqashing, you could have got the matter dispossed/acquittalin lowercourt by leading evidence.   When Quashing is successful, when there is mutual consent for quashing in case settlement for divorce or restitution.   Just keep quiet and concentrate non your career, health.   Try to save your time, energy, money and maintain your mental peace else you will lose your prime youth in such litigations.   You need counsellng.

 

If possible contact me n take appointment for counselling   75065552608  n 9920764088

 

 

 
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