Quash petition in hc and apex court for 498a


In almost all the cases related to false 498a and DV, the complaint is drafted by an advocate hence he does not leave any scope for any questions for quashing at HC and Apex court.

The truth of such complaint comes after a long court battle in trial court.

In this case how to come out of false 498a complaint quickly. can expert enlighten on this.

 
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Lawyer

Unfortunately there is no way to come out fast of these cases this is the reason this is filed by women who want to come out of the wedlock fast and with compensation. Initial is the bail period when the utmost pressure is there to compromise but if the accused come out of that phase still the trial takes time and the complainant has nothing to loose as the accused are fighting the state.

The faster way is just compromise and that would involve payment.


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Worker

very true, Sanjeev Sir !!

 
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Ld. members

But after going to jail with these false cases and spending lacs of rupees in bail and trying to proove that case is false whether there is any meaning in going for compromise. there are lot of check points to further proceed in the case but here also the system is not ready to help the innocents. Police, Advocates and Judges also know that the case is false but  everybody try to screw husband only.

what are the negative aspects for husband that one shud go for compromise? what are the problems that will be encountered if husband doesnt want to compromise?

 
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Worker

what are the problems that will be encountered if husband doesnt want to compromise?

 

this is just like asking - WHAT IS THERE IN HELL ?? or HOW DOES POISON TASTE ??

 
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Lawyer

The problems are involved in attending the trial courts depends on how much frequency the dates happen and if she files multiple cases than attending on multiple dates for different cases spending money on advocates, still remaining tensed as a person entangled in court cases that too criminal ones cant be satisfied and feel tension free. But the only way is to fight the injustice or bow down by paying.

The ones who feel that they have been done injustice without any fault fight and ultimately will win but the loss which no one can make up is the loss of time which wont return and is precious. Though it is not only the husband who looses time, the wife side also are tensed with the passage of time.

You need to remain strong and keep facing the situation the bad times would not remain for long and someday this would end. The only pressure is for bail and maintenance which provides a upper hand to the other side and in cases where the bail is granted and wife is working and not eligible for maintenance these cases get compromised at zero value too in lieu of husband agreeing for mutual consent divorce.


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POWER OF DEFENSE IS IMMENSE

Gender biased cases are in plenty , the accused must pool their efforts for proper remedies.

 
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Thanks dear Sanjeev, Amit, JSDN,

In my case ,

1) I am residing in different state 2000 km away from her,

2)I may get exemption from personal appearance in the court as I am a sr. officer in GOI(presumption),

3)I got bail already

4)She is working but I am unable to get the proof at present.

5) I had filed divorce petition already for cruelty.

I want to fight the case,

So pls guide me.

 
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Worker

visit www.498a.org

join SIFF.

try googling.

defend her allegations in court.

u may get exemption from personal appearance by applying for video conferrencing.


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