Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

498 A Fighter (Manager)     05 July 2011

What will happen to these cases against me?

Dear Members , following are the details in nut shell.

1)NRI  Muslim man divorced (through talaaq) after 18 years of marriage.

2) Wife filed false 498 A,DV and civil suit (application for  Divorce and Property Injunction). Only civil suit in court.others are in investigation stage. Filed for quash and HC  has called for mediation.

3) Complained to Indian consulate. nothing happened.

Will my passport be impounded ? will the judge  grant divorce asap and IO cancel the complaints  as there is no sufficient evidence  ? Please provide your valuable comments.



Learning

 2 Replies

Tajobsindia (Senior Partner )     05 July 2011

@ Author

1.
At HC the mediation is substituted hint to settle the issues between a NRI husband and a metro wife ! If your side is confident that at trial Court you will succeed in after XYZ years and get acquatall from S. 498a IPC and dismassal under Bharat Ratna DV Act then as a independent opinion we say get the 'fail' under HC mediation and like your ID says "fight" them out.


1a. Once HC mediation fails in our opinion unless there are very strong grounds for 'quash' it is very rare to get quash that also on both charges / complains matter in hand as simply the HC will refer the case back to trial Court for a simple reason that the trial has not announced any evidence based Order ! Hope this last wordings are right here as stage of respective case for qwhich you have gone for quash are not at all mentioned in your briefs so we have to do some guess work here?

2. If her grounds under Divorce are strong then concerned Court may grant to her prayers therein. If not then already the HC has given one opportunity i.e. 'mediation' now instead of long trial Court contesting the matter.


3. Passports are not impounded now-a-days nor RCN are issued in family matters via Interpol so there you have some grace below the pendulam of two criminal nature cases in hand.


4.
No Evidence / IO files B Report que. of yours; this que. cannot be guessed as you yourself have not stated if IO has chargesheeted you and your side or not till date and whether Evidence which are all matter of trial are cross examined at trial Court which stage has not come reading down your brief it shows and adding to these replies going directly to HC by passing Sessions Court is a bold step that your side took for which I can't comment anything at this stage uless some opinion of HC post mediation is put here which you can't as all your que. are too hypothetical / too early to ask and or reply even in details which we feel.

However al the best.......



1 Like

498 A Fighter (Manager)     06 July 2011

 

Dear Tajobsindia,

Thank you for your reply. I would like to add more details here.

1.Her side did not attend the first mediation call and second date has been set up for July 19. If they do not turn up this time also,would it help my side ?

1 a.Two hearings have happened in Divorce and Property Injunction case. I sent vakalath to my lawyer to represent.  

2.She has taken jewels,money ,stridhan etc and  I bought properties  in her name(but original docs are with me,thats why she filed injunction).She is well settled .since she is already divorced(talaaq) as per religion , but  she has applied for  legal divorce because she had stated(all false complaints,just to add spice to the complaint) about torture,adultery etc in her complaint. 

3. I was concerned about actions of consulate  as her side had sent complaints to them.

4. No charge sheet yet on 498 A and DV. My mother and sister were called by IO for enquiry.They went along with my lawyer and explained with our documents.

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register