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Uma Maheswara (consultant)     01 May 2013

498a case and divorce case

Dear Experts,

I got married on 17-May-2009 at Rayaga, Orissa and we stayed at our house in Visakhapatnam. While I am away in Delhi on office work in October 2009, she stayed with my parents, her parents visited our house and stating that her grand mother is unwell took her to Rayagada on 21-Nov-2009  after that she did not return home. All my efforts to get her back failed and she filed 498A case at Rayagada on 19-May-2010 on myself and my parents and Divorce & Maintenance case at Visakhapatnam on 17-Sept-2010. Due to the criminal charges filed and I had been in police custody for 8 days in the 498A case I lost my job and my company managers suggested to look after job after completion of the court cases. 

In the Divorce & Maintenance case she has been cross examined and after that there is no further progress in the case. In the 498A case there is no progress in the case except that summons has been issued for her to attend the court, but they had not yet attended the court.

  1. Is it possible to request the Honourable court to speed up the case and post the hearings for short date in the 498A/Divorce cases? If any, what is the procesdure?
  2. Do I need to apply any petition to the court to settle the matter at the earliest?
  3. How do I get the summons details received by the petitioner and current case status at Rayagada?(Her uncle is APP at Rayagada and is managing the case, I am unable to get proper response and details from my advocate at Rayagada)
  4. Can the court proceeding continue in my absence, while I can try and work out of country

Thanks,

Mahesh

 



Learning

 5 Replies

Adv k . mahesh (advocate)     01 May 2013

1.  you can file a petition to hear the matter out of turn for final hearing 

2. same

3. if you have case number then you can enquire with the adminstrative block of the court which will tell you the case status information 

4. some times the order will be ex parte and that may come against you 

1 Like

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     01 May 2013

 

 

  1. Is it possible to request the Honourable court to speed up the case and post the hearings for short date in the 498A/Divorce cases? If any, what is the procesdure?

OPINION: IT IS YOUR FUNDAMENTAL RIGHT AS PER CONSTITUTION OF INDIA, YOU CAN FILE AN APPLICATION BEFORE COURT FOR SPEEDY TRIAL.

2. Do I need to apply any petition to the court to settle the matter at the earliest?

   OPINION: YOU CAN FILE A WRIT PETITION BEFORE hc UNDER ARTICLE 226 OF iNDIAN CONSTITUTION FOR SPEEDY JUSTICE. OR APPROACH FOR MEDIATION 

3. How do I get the summons details received by the petitioner and current case status at Rayagada?(Her uncle is APP at Rayagada and is managing the case, I am unable to get proper response and details from my advocate at Rayagada)

oPINION: YOU HAVE RIGHT TO INSPECT THE JUDICIAL FILE AS PER THE LAW, AFTER FILING AN APPLICATION BEFORE COURT WITH THE COURT FEE, YOU CAN INSPECT THE FILE , IF YOU THINK THAT HER UNCLE IS MANAGING THE CASE YOU CAN FILE A TRANSFER PETITION BEFORE SESSION COURT IF YOU WANT THE SAME DISTRICT OR BEFORE hc IF YOU WANT ANOTHER DISTRICT.

4. Can the court proceeding continue in my absence, while I can try and work out of country

OPINION: YES, 

1 Like

kaustubh sengar (assistant)     01 May 2013

i agreed with nadeem qureshi sir and i would like to add in that u should check the background of your wife i.e. after marriage or before marriage and also of her parents.
1 Like

Ompal Aggarwal (Advocate)     26 May 2013

 


  1.  Yes it is ur  right to request thecourt to speed-up the case. For that u have to move HC
  2. U  can request the court to transfer the case to Lok Adalat or to file Mutuall Consent Divorce petition, but in both case other party  should also be  ready
  3.  The  required information can be collected by inspection of the case file with the permission of the court. It is the duty of ur advocate to provide u complete detaikls  in respect of ur case.
  4.  yes, Ex Parte order may be made against u
1 Like

Ritesh (Teacher)     11 December 2014

Dear Experts,

I got married on 14-May-2007 at Kota Rajasthan . Then She  go to her home Every week for 4 days . She lives with me only  2-3 days in every week . As the now after 1 years We got a male child but he has a hole in her heart from childhood  so doctor says in this case operation is necessary after some  month As baby will little growth. then  my wife leave my home for prepearation for RPSC Coching after the 2 moth of born of my child. 

After this she dont receiove my call and When my father call her father the n her father said he dont know my family . his father pretend to dont recognized us on phone Then Suddently We got a information from  her neighbour that her family went for child operation in delhi . She did not inform me about the operation So When My  family went to meet her on her home but her family dont open any door, abusing my family . So we come back to our home .

After this events our family try to contact her and go her house man y many time but they abusing bad word on my family always. As the 2008 to 2012 i dont have any contact to my wife or her family but i call to her mummy  every person , nobody reply us .

Then Suddently Year 2013 My wife come to my college with her both jija and my child and her jija ask me that  now i want live with my wife or not . They said you forgot everything and live together . I was ready for this but my wife said she is preparing for nursing exam So i have to wait for one year  and when she get gov. job the n she will come my home and live with me . so i get ready for this . In the meanwhile on 2013  i met my wife and my child many many time . if she want money then i give . I also give 15000 to my wife for admision of my child .

Then suddentlly after 10 moth when my child passed L KG and now he has to go ukg so She aksed me for pay next piece for my child in admision to ukg  but  i request to my wife if now my child admission placed on a school near my home but She dont agree and after 2 moth she filled 498 A  case on me n my family while i idid not harm her any time . So i got punished and after my bail now I gone every court date from 1 years . Now she filled a maintance and dioprce caase with 12 Lakh ruppes . I just come back from court where my wife clam me for 12 lakh ruppes . I have many proof vioce recoerding of her father while he dont recognized us but when i said to judge for this proof he said there are no any value of this proof and said Everyone know this case is false .

Now i want advice what i should do ? please give me right suggestion . i dont want take divource to her . I want stay my child and my wife . please save me .

Regarding

Ritesh Vema

 

 


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