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Ravi (a)     03 January 2014

498a proceedings

hi friends,

i am little bit puzzled.

i got AB from the high court on 498a case filed by my wife. it's been 2 years and i attended few hearings till date but not all the hearings. my lawyer tells me no need to attend all hearings and he will manage my absence.

please let me know if he is right in saying that.

 

please note DV case is also running in the same court.



Learning

 24 Replies

rajendra (na)     04 January 2014

yes with 205 petition

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     04 January 2014

Dear Ravi,

You have to attend each and every date of hearing unless and until you get a permanent exemption under section 205 Cr.P.C otherwise non-bailable warrants will be issued against you and you will be in trouble. It is correct that your advocate can manage but upto certain extent not always. 

 

Rajiv Bhasin 

Advocate 

Bhasin Legal Consultants

www.bhasinlegalconsultants.com 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     04 January 2014

I would advise you to attend all hearings. 

 

Regards,

 

Shonee Kapoor

www.shoneekapoor.com

Handphone: +91-8010850498

Facebook: www.facebook.com/shoneekapoor

twitter.com/shoneekapoor

Yahoogroups: https://groups.yahoo.com/group/sahodar 

 

If you don't fight for what you want, don't cry for what you LOST.

2 Like

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     04 January 2014

Dear Querist

if there is any urgency then only you can absent from the court hearing. on that date your advocate can file an application for exemption for personal appearence u/s 205 of Cr.P.C. and it's descretion of the court allow or not. so it will be better not to absent from the court.

Ravi (a)     04 January 2014

thank you all for the valuable advice. i will attend here after on every date.

also, in DV case filed by wife, i filed a reply back in 2012 but she is not coming forward for statements/evidence nor filing an application for maintenance. when asked her to sit and settle amicably thru her elders or my elders. she says ok but not coming forward. she is neither going forward nor stepping back. it's almost 2 years but nothing is happening in DV case.

pl advise what i have to do as next step. 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     04 January 2014

Get is dismissed for not prosecution.

 

 

Regards,

 
Shonee Kapoor
Handphone: +91-8010850498

If you don't fight for what you want, don't cry for what you LOST.
1 Like

SKapoor_Lawkonect (Lawyer)     06 January 2014

Dear Ravi, yes you can get a dispensation from personal appearance in the proceedings by a petition under section 205 of Criminal Procedure Code, it is only after a plea under the above mentioned provision is allowed that you should be absent from the proceedings.  However, it is true that an advocate can manage the above petition and get it approved but if there is no urgency you should try to be present at the proceedings as that gives a good ground to you against the prosecution. Moreover, if your wife is not present at the proceedings and no reply has been filed by her counsel in the DV proceedings you can get the suit against you dismissed for non-prosecution.

Regards,

SKapoor

LawKonect

 

9555507507

Ravi (a)     06 January 2014

Thank you sir for your guidance.

as i read your messages, i have a query.

do you want me to dismiss her Domestic violence case or 498a case? if i apply in the court, will she/her counsel object it giving some silly reasons?

once i asked my lawyer, why not quash 498a since the contents of 498a petition and DV are different? he gave me some reasons, which i didnt understand techncially.

 

i heard in the forums that if DV is dismissed at no costs, the 498a will automatically be dismissed and this dismisall will become a ground of cruelty for divorce as per supreme court guidance? am i correct in saying this? if so, what i have to do immediately to get that girl come for statements and continue the case.

her intention is to delay the case as much as possible so that i can get tired of this time delay and finally bend before her for huge settlement.

 

regards,

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     07 January 2014

Ravi,

 

Your understanding that if DV is dismissed, 498a would automatically get dismissed is not correct. You can get only DV dismissed for non prosecution.

 

As for 498a, what stage the case is at?

 

 

 
 
Regards,
 
Shonee Kapoor
Handphone: +91-8010850498

If you don't fight for what you want, don't cry for what you LOST.
2 Like

Ravi (a)     08 January 2014

Sir,

Thank you for your opinion. what i meant was

if DV is dismissed, 498a case automatically becomes weak and can get quickly dismissed by the court or easily quashed at higt court. am i wrong again in saying this?

also, please let me know if i ask for DV dismissal for no prosecution, will my wife object or file anything under any section?

 

in 498a case, charge sheet filed but dont know what stage it is? if wife files statements in DV, is that also applicable in 498a or she has to file again her statements in 498a separately?

thank you!

ashoksrivastava (scientist)     08 January 2014

Originally posted by : Ravi


Sir,

Thank you for your opinion. what i meant was

if DV is dismissed, 498a case automatically becomes weak and can get quickly dismissed by the court or easily quashed at higt court. am i wrong again in saying this?

also, please let me know if i ask for DV dismissal for no prosecution, will my wife object or file anything under any section?

 

in 498a case, charge sheet filed but dont know what stage it is? if wife files statements in DV, is that also applicable in 498a or she has to file again her statements in 498a separately?

thank you!

@ravi just remember that an offence under PWDVA is not necessarily an offence under IPC498A. I would also suggest that you attend a hearing personally.There seem to be something fishy.

regards ASHOK

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     09 January 2014

Dear Ravi,

You can ask the court to dismiss the DV act petition on non prosecution. you can contradict the DV acts statements of your wife in 498a case. by dismissal of dv act does not mean that 498a case becomes weak. you have to fight back otherwise you will lose the cases. Please always appear on each and every date. 

 

Rajiv Bhasin 

Advocate

Bhasin Legal Consultants

www.bhasinlegalconsultants.com 

Ravi (a)     23 January 2014

hi,

thank you for your advices.

 

two days back, my lawyer told me that one of 498a witnesses met him and asked him a chance to setup a discussion call with me in his presence.

i didnt say anthing and keep quiet. 

the girl is neither coming for statements in DV cased filed by her on me and my parents nor giving a reply to the divorce suit filed by me. not sure what her side of 498a witnesses want to talk to me.

pl advice what i should do now.

 

 

regards,

Ravi (a)     18 February 2014

Dear all,

latest updates about DV & 498a cases:

in the last hearing, the Judge posted to Lok Adalat for settlement or compromise.

i am firm that i wont take my wife back and will fight out the false cases. Kindly let me know if my b*tch files any other false criminal cases on me if the meetings fail or compromise doesnot reach.

They want money from me only and come out of marriage.

 

i dont want to give her a single penny . please let me how we have to deal the compromise situation.

also share any active links that can provide me immense knowledge how to play in the compromise discussion.


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