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harsh pratap singh (sseef)     05 October 2012

Can i file divorce petition now!

Dear Experts,

498a was slapped against me and my family.  We went to High court, where finally all my family members name (except me)  was quashed.

Now can i file divorce petition under cruelty for falsely implicating my family in 498a.

Secondly, i live in city A and cases are going in city B, distance between city A & B is 2000Km. if i file divorce case in city A, then can she claim travelling expenses and other litigation charges from me?  Can she easily get the case transffered to her city B?

your expert opinion will be highly appreciated.



 9 Replies

mohan (Software engineer)     05 October 2012

May I know how much it took in high court to get quashed...Since I am also victim of 498a along with my family members and we have applied for a quash for my parents in high court almost 8 months ago..Nothing was happened till now...Looks like 498A is a good source for cops and lawyers to make money ..and they will drag it as much as they can...(I am not referring 100% cops and lawyers)Just talking about fraudulent's only...

 

Just interested to know the total taken time..

harsh pratap singh (sseef)     06 October 2012

Dear Mohan,

It took me almost 1.5 years to quash the case.

Aneesh Trivedi (Advocate)     06 October 2012

We all are viction of false 498A but if you are on AB and able to fight the case then it is good and we win normally to quash if all the points are straingt and court have no confusion menas HC find it to be quash then it get quashed within six monts also.

othewise if you contest then it take 3-4 years to come to decision and it is good if the case is false then girls side forget to tell lies and how much lies inthe court?

and they caught in that then you file counter cases also if case runs long it will ruin girls life and mental peace of girls faimily members and some of them died till the case comes on floor for witness..

so keep patience do not make hurry ..........

special request to mr harsh pratap singh:

can you share your facts how and on which grounds you quash your case?

we are thankful to you if you give your court order to refer to us.

harsh pratap singh (sseef)     08 October 2012

Mr Aneesh trivedi,

All my family members are settled in different locations, marriage lasted for 3 months, no evidence of dowry........

Baskar Govindaraj (advocate)     09 October 2012

Dear Mr. Pratab,

   you can file a divorce petition before the appropriate court at your resident's jurisdiction but you have to file the proof of resident before that court and your wife cannot claim any  travel expanses from you

The high court have power to transer your case from one distirct to another distirct within state  and the supreme court have power to transer any case from one state to another state  If your wife may approch the  supreme court or high court to transfer your case to her residential jurisdiction but at the time of enquiry the said court will hear your grievences and may pass balanced order.

You can disprove the case under sec 498A at the time trail before the appropriate court

Raja (XYZ)     09 October 2012

file at your jurisdiction. transfer of case is rare.

harsh pratap singh (sseef)     10 October 2012

Dear Mr Bhaskar Govindaraj,

Thank you for your reply, but i could not make out the meaning of your sentence

a) "but you have to file the proof of resident before that court "

b) " You can disprove the case under sec 498A at the time trail before the appropriate court"

If you dont mind can you elaborate a little more on your above mentioned comments.

Thanks

Waren Siegel (Independent Lawyer)     11 October 2012

Yes you can file a divorce petition on the ground of mental cruelty. She has the right to seek travelling expenses from you and cabn even file a transfer petition to get the divorce case transferred to her city. The courts swing in favour of women when it comes to transfer petitions.

Waren Siegel (Independent Lawyer)     11 October 2012

@Mohan

Much depends upon the way the case is argued by the lawyer in the court,.


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