Ravi (a) 18 November 2013

What should be my next step? quash or trial

Hi,

i went thru the internet and read so much there about Domestic violence and 498a laws and how divorce starts soon after the marriage is torn. Looking at the misuse level by unscrupolous wives, i really wonder if all guidelines laid out by Supreme court are really followed by Police etc.

anways, let me come down to my story.

1. I applied divorce last year 2012

2. after knowing this, she registered DV and 498a (private complaint) to court

3. On the first hearing after 30 days of private complaints, i was not there and Judge asked about FIR copy from Police and police were silent.

4. FIR registered the following week.

5. My Lawyer got AB from sessions court for my old parents.

6. I got the Anti Bail from high court.

7. Charge sheet filed

8. In DV, we gave a reply notice

9. my Wife is not coming forward for statements in DV case. 2 years just gone and nothing is moving on in DV and 498a.

Please let me know.

1. if i can quash 498a as it is an abused process in the eyes of courts (private complaint - FIR is more than 35 days)

2. in our 6 months of marriage, i was on high alert and managed to collect evidences to prove that we are innocent. Pl advice how can we make DV case go on high speed because as per law it should be done in 6 months.

regards

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3 Replies

(Guest)

High speed? There is nothing called as high speed regarding these cases.

(Guest)

Perhaps by high speed you mean like..

You go stand and tell your story. File WS. She tells her story. Files her WS. Judge hears both stories, gives on judgment as to who is wrong. Next is sentencing. You go jail immediately if you are found guilty or you be let free if not guilty. This happens in some bollywood movies.

In real life, it does not happen like that.

Ask what she wants from you. She is in need of money from you.

Loads of it.

Pay her and she will let you go free. That is the best possible way to get out of this mess in high speed.

Ravi (a) 20 November 2013

Thank you for your advice.

she only accused all false stmts in Domestic violence and 498a. now 2 years gone, she is not appearing at all to show evidence and statement.

my question, what I have to do for the speedy trial in DV ?

for 498a case, since FIR was done very late although nearly 35 days after private complaint is given? can I go for quash? what's the best option I have now?

Thank you sir!