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surya (mgr)     24 April 2016

Important evidences in 498 quash (last chance for my family)

Respected Learned legal friends,

I have been suffering in false dowry related issues for more than 2 years. I have been fighting hard and I have got the following evidences after a lot of struggle. Please advise how successful I will be in in HC quash.

 

1. My wife's family was constantly threating me that they will file criminal cases. (for various reasons, especially to relocate out of India taking my child away) I reached out to Legal services authority and clearly given a written submission on the same that they are threating. My wife did not attend the PLC and did not come for counselling and the case was dismissed. I have both the docket order and attested copy of my complaint. Within a month soon after they filed the criminal case against me.

 

2. My wife has given an attested affidavit and "my husband has deserted me after delivery" and have got passport re-issued by the passport authorities to my child, to relocate immediately. I have an RTI copy of this affidavit.

 

Grounds:

1. It is a civil dispute criminalized and with malefide intention to separate the father from the child. There is already grudge existing before the case was filed.

2. There are contradicting affidavits. One in the court while filing the criminal cases and the other to the passport authorities stating the husband has deserted contradicting the criminal petition.

Please advice.



Learning

 4 Replies

Vijay Raj Mahajan (Advocate)     25 April 2016

File a petition for restitution of conjugal rights along with it file application for custody of the minor child wherein you should mention you being the biological father and natural guardian should be allowed right to visit the child and all the travelling documents with regard to the child should be kept in the safe custody of the court or local police station so that the child may not be removed from the territorial jurisdiction of the family court.

The civil matrimonial issue can be resolved through mediation process for which both parties need to be present in person and for that you should insist in the family court.

surya (mgr)     25 April 2016

Thanks for the inputs. can someone answer my specifc question on Quash grounds. Please advise how successful I will be in in HC quash on the above grounds


(Guest)

any progress on your quash petition?

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     31 August 2016

 

Dear Quest,

 

Please Never File Restitution of Conjugal Rights (RCR). Please check my facebook page where I have explained why we should never file any MAT suit like RCR, Divorce, Child Custody etc.

 

Coming to the point. I can see you have leading evidences to win the case. Evidences may not ground be considered for quashing. Please file Perjury first with contradictory points and then file Speedy Trial in HC.

 

Please check my profile links for sample petitions and other clues.

Please also check my facebook page. 

https://www.facebook.com/RockySmith4Calcutta/


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