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sunny (team leader)     05 August 2011

Urgent advice nri ab, 498a quashing, case hearing next week

Dear Members.

I am Muslim-Sunni, working in abroad.
Here is my case status:

1. Married in Oct 2007.
2. I filed RCR in May 2009.
3. Feb 2010: She filed 498a and 125 maintenance.
4. March 2010 : No one appears from girl side during RCR notice, I have Talak as per Muslim Shariyat. Got Fatwa from Muslim personal board. Submitted all talak documents during RCR EX party date and Family court Judge stated in the judgment that " with several reminders girl didnot appear infront of court and Boy already gave talak so case is closed".
4. Got AB ( from district court ) and regular bail for my parents and brother.
5. My AB rejected from District court ( reason stated that I gave her Talak which is not fair ), filed AB at HC. Till date its 5 months passes still awaiting my date at HC for AB hearing. Expecting by next week hearing will take place.
6. I got remarried and bring my wife here at abroad.
7. I filed 482 quash petition at HC and got stayed, pending for next hearing.
8. 482 quash petition filed at HC for my brother and got stayed, pending for next hearing.
9. Mean time we filed 420 case against outlaw and family, lower court taken cognizance against all of them, notice sent to out laws. They filed 482 quash petition at HC stating that this case is filed against revenge of 498a. Case got stayed at HC.

 

Next Update:

Last week I travel to India for attending my AB hearing at HC. I travel all the way to India and I went inside the HC judge chamber along with my advocate, opposite party advocate produced a fake admit card without date of exam stating that girl is busy with exam.

Judge asked to gave affidavit to opposite party and also scolded the opposite party lawyer that it seems girl will never come. My lawyer pressed about AB, but Judge decided to give one more chance for re-conciliation.

I already gave talak and re-married , I don't understand what re-conciliation will happen. I am relaxed now and back from India. Expecting to get my AB in next hearing ( which will be after 5 months ) till date case is stayed by HC.

Also I appeared at divorce declaration case at Family court, court gave next at at same time of HC date.

I was little bit scared to travel India, but now feeling more confident.

Next week following dates at court:
1. hearing for 482 quash for myself and my brother, case is stayed till date.
2. 125 Maintenance hearing, till date no order. we prepared our response.
3. hearing for 482 quash for my ex in laws, we filed 420 against them and they got it stayed from HC.
4. hearing for Cancellation of bail for my younger brother, as he traveled abroad without court permission. His bail granted under 438 ( 2 ).

 

Please provide your valuable suggestion.



Learning

 1 Replies

THANKACHAN V P (Advocate & Notary)     05 August 2011

1. I failed to understand why AB is prolonged for more than five months.Anyway under the circumstances mentioned above there is every chance get AB.

2. Since you have already given Talak, your divorced wife cannot proceed with 125  petition.Her remedy is only under section 3 of Divorced Mulim women protection Act 1986.

3.   Re-conciliation need not be for reunion (not is possible under Muslim law or she has to marry a third person and he should give talak her and then only you can marry her!!!!). HC might have thought of settling the whole isssues in terms of money. 

4. Cannot say anything about the fate both 482 proceedings.

Better to settle the matter and avoid the headache 

 

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