498a and 354
Chilamakurthy Venkat Raao
(Querist) 28 October 2014
This query is : Resolved
Sir,
in retaliation to my divorce notice given on 27.3.14,my wife has put cases on 18.4.14 u/s 498a,3 n 4 of dp act on me,parents,my sister and my cousin brother.she has put 354 on my cousin brother.
i was kept in jail for 14 days n my parents for 12 days.we were enlarged on bail on 3.5.14.sister n cousin brother got anticipatory.my case got transferred to distict court from jfmc.
my question is
1)can we go for quash of this entire case in high court
2)how she can prove the 354 When even once my brother didnt talk to her or even seen her after my marriage.if she simply says that 'he has sexually harassed me' is enough for conviction?
3)what sort of evidences my brother need to produce to get out of the case
regards venkat
Devajyoti Barman
(Expert) 28 October 2014
1. Quashing does not depend at your will. It depends on merit of the case.
2. She would fail to prove it anyway.
3.He does not need any proof.It is duty of wife to prove the allegations.
V R SHROFF
(Expert) 28 October 2014
Agree with Shri Barman
Don't you paid heavy cost of filing Divorce Notice?? A foolish act of yours and your Advocate.
No Plan of action : so suffer..
u will win , but after suffering, and by that time, relations are so bitter, & poisonous, u can't taste it..
ajay sethi
(Expert) 28 October 2014
you will have to contest these case on merits before trial court .
Sudhir Kumar, Advocate
(Expert) 28 October 2014
agreeing with experts above I will rspond to your questions
1)can we go for quash of this entire case in high court.
YOU ARE NOT EVEN DISCLOSING ANY FACT OF THE CASE HOW ONE CAN IMAGINE WHETHER AT ALL ANY MERIT WORTH QUASH APPLICATION IS THERE OR NOT IN YOUR CASE.
PLEASE STATE FULL FACTS AS TO HOW THINGS WENT WRONG AND YOU FILED DIVORCES CASE. WHEN YOU WERE MARRIED, WHY WERE NOT LIVING TOGETHER, WHEN YOU STARTED LIVING SEPARATE
2)how she can prove the 354 When even once my brother didnt talk to her or even seen her after my marriage.if she simply says that 'he has sexually harassed me' is enough for conviction?
HOW CAN SHE PROVE CASE IS EITHER KNOW TO HER OR TO SOME ASTROLOGER. YOU HAVE NOT ELABORATED WHAT ARE THE FACTS OF THE CASE.
SO THIS IS NOT A GUESSING FORUM
3)what sort of evidences my brother need to produce to get out of the case
YOU HAVE NOT ELABORATED WHAT ARE THE FACTS OF THE CASE THE HOW CAN YOU EXPERT THE FORUM TO GIVE A SOUND ADVISE.
SO THIS IS NOT A GUESSING FORUM.
Rajendra K Goyal
(Expert) 28 October 2014
1. Better defend with the case if not enough proofs exist to quash. Without referring full case file nothing more can be said.
2. Let her prove her charge.
3. Depends upon the evidences brought by her in support of her charges.
