Issue
rsraghukumar
(Querist) 04 March 2012
This query is : Resolved
good morning sir. sir as experts are asking what exactly i want i am sending again sir. sir i filed op to declare my marriage as null and void as the woman was already married and living husaband is there. even first husaband filed a suit to declare my marriage with that lady as null and void. suit is filed first based on that i filed my op. in that suit i am second defendant. both op and suit judgements pronounced recently in my favour and in first husaband's favour. she did not enter the witnessbox to prove her case. she avoided in my OP and Suti also. she just filed written arugments that first husband failed to bring evidences like photographer and eyewitness of the first marriage. but she did not enter into witness box. now she went for appeal on first husaband/s case. sir now please clarify my doubts:
1) Now my doubt is can i file either in lower concerned or highcourt to discharge me as second defendant as my age and life is going. she is playing and draging the case.
2) She filed 498a and dvc against me. highcourt recently quashed those proceedings recently. based on that judgement can i file discharge petition. and even on null and void and suit judgements.
3) or can i transfer that appeal to highcourt as my OP appeal limit is in highcourt.
Nadeem Qureshi
(Expert) 04 March 2012
Dear Querist
you can file an application for discharge before the Lower court u/s 245 Crpc and read the section
245. When accused shall be discharged.
(1) If, upon taking all evidence referred to in section 244 the Magistrate considers, for reasons to be recorded that the case against the accused has been made out which, if unrebutted, would warrant his conviction, the Magistrate shall discharge him.
(2) Nothing, in this section shall be deemed to prevent a Magistrate from discharging he accused at any previous stage of the case if, for reasons to be recorded Magistrate, he considers the charge to be groundless.
feel free to call
venkatesh Rao
(Expert) 04 March 2012
Incomplete facts.
As per your say, the high court has quashed 498a and dvc case against you.The quashing ipso facto discharges you and the magistarte has no role to play except being functus offcio. File the certified copy of the judgment with a memorandum before the magistrate and it would be sufficient.
You can not file any application before any authority for your discharge as second defendant because there is already a decree of dismissal which has been appealed against by your so called wife. You may put in appearance before the appellate court and defend. Law never permits discharge of any kind.
As far as third query, how can you get transfer of an appeal to any other court when your suit has not been appealed at all?
Raj Kumar Makkad
(Expert) 04 March 2012
As high court has already quashed FIR filed by your alleged wife against you so that matter ends and why do you want to move an application for discharge?
So far as appeal filed by your alleged wife in response to suit decreed in favour fo her first husband, you may move an application under order 1 rule 10 of cpc to delete your name from the array of respondents as have no direct or indirect relation with the ongoing litigation.
Shonee Kapoor
(Expert) 05 March 2012
If HC has quashed, you just need to present the certified copy in the trial court.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 08 March 2012
You are a little confused.Since 498A case is quashed,you simply need to file the certified copy of the High court judgement in trial/magistrate court.You do not need to move any discharge application since the case it self is no more to proceed due to quash.
V R SHROFF
(Expert) 08 March 2012
you are already advised in details, nothing to add.
