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498_final stage (Professional)     11 July 2014

498a running in lower court - supreme court lawyer view

498a, Divorce, and DV cases are running in Ghaziabad and Kanpur. Yesterday I met a SUPREME COURT LAWYER

He said that why didnt you file the case till now? I said that all the lawyers in the lower court said that you cant file a case until these cases are quashed.

Do you think he was right? Am I too late to file any case now?

I have been fighting from last 2 years now. Is he correct?


 7 Replies

Sridhar (Advocate)     11 July 2014

What case was you suggested by SC Lawyer?

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     12 July 2014

Dear Querist

there is no restriction upon you to file criminal or civil cases against her and her parents, if they commit any offence or doing anything civil wrong against you.

Feel Free to Call

498_final stage (Professional)     12 July 2014

Hello Experts. Thanks for your reply.

He said that my mother can file Domestic Violence against them. And suggested me to file a reply to her divorce and asking for her mental examination based on the audio I have. She seems like a split personality.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     12 July 2014

Dear Friend,


Please file Speedy Trial for 498A in-person (Without Advocate) in the High Court. Get off from 498A else no relief. The sample petition of Speedy Trial is attached bellow. After that you can compel her to come and face her the trial. During the evidence you should file Perjury.


Also file Perjury against her for DV. If she have submitted false and concocted stories in Divorce that file Perjury there also.


Perjury should be filed in the same courts where 498A, DV and Divorce is going on.


Please go through my posts carefully in the following links for details -





Attached File : 122982507 samplepetition4speedytrial.docx downloaded: 79 times

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     13 July 2014

What is the purpose of filing DV from your mother;s side? 


Also, I doubt whether you can ask for her "mental examination" (Which actually should mean Psychological examination) based on a recording. Any such examination, if any, can be carried out if you are seeking divorce on your grounds. Such examination can not be done to deny her any benefits on her allegations.


Filing cases alone has no meaning. What is the benefit of filing case, which is not going to impact the pending litigation/ hurt them in any manner.


Everything has to be well thought before you proceed with any case.


Paneceas are non-existant in legal circles. Quick-fixes don't exist. They are means to extract mileage and money from you. Legally each case has to be fought on its own merits.



Shonee Kapoor

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

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     13 July 2014

Also, in any case, you may not be able to substantiate DV after 2 years.



Shonee Kapoor

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

498_final stage (Professional)     13 July 2014

I see mixed advices here... Mr Qureshi says it can be done..... Mr Bani says go for a speedy trial.... Our lawyers at ghaziababd kept saying first get all the cases quashed and then counter attack I understand you all have studied law in India but does every professor of yours taught you different versions? Mr kapoor you are a media personality assume this case is going into media.. Can you give it another thought and answer my concerns ?? 1) she has filed for divorce and her grounds are torture and dowry demand 2) Its an unconsummated 5 months marriage... How much alimony she will get for all this sh*t? 3) the audios speaks a hell lot of truth about her character and nature.... Would court remain blind and pass on their decision even when there is no evidence against me?? I am extremely disappointed that experienced professional give their opinions and people are left with utter confusion Kindly advice...... Did our laywers misguided me????? They did not let me file any counter case

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