complaint u/s498A after filing of divorce petion by husband
anant kumar
(Querist) 23 August 2010
This query is : Resolved
husband is phyiscally challenged ie.deaf n dumb & aft marraige humaliated badly by wife, he filed divoce suit after which she filed complaint u/s 498A agaist entire family membersn
nw cognizance taken by lrnd crt below
i hav filed quashing petion against said order
sugest any judgment of sc havin implications of handicapd point of view & wt r the effect of divorce petion on complaint petion
adv. rajeev ( rajoo )
(Expert) 23 August 2010
both are entirely seperate proceedings. I had also filed quashing of FIR but high court judge whithout going thru., the case dismissed it. High Court judges that think they are more wiser persons
adv. rajeev ( rajoo )
(Expert) 23 August 2010
It is only a good ground, it can be the defense at the time of trial.
Rajeev kulshreshtha
(Expert) 23 August 2010
As mr. rajoo said both are separate proceedings you have to face the trial. the filing of quashing petition by you is good step if you will satisfy the court you will be succeed.
Devajyoti Barman
(Expert) 23 August 2010
Only the physical incapacity to the greater degree could get the success.
Adv ramesh chheda
(Expert) 30 August 2010
u need to satisfy to the high court in 482 petition that there is abuse of the law while filing of the complaint and it is outburst of the divorce petition. if by showing various incidence shown in the complaint filed u/s. 498A, that they are false and fabricated and the ld court has not applied its judicial mind while taking the congnizance of the said complaint and further it is filed only after the divorce petition is filed and that no reasonable justification is given for delay in filing said complaint, than definitely high court will quash said complaint.
u have to satisfy the court only on the ground that there is abuse of the powers by the magistrate while taking the congnizance and only on that ground hcourt can quash said complaint and revoke process
