What are the court procedure in facing the 498a trial.

First of all you have to free your side from this case.However in the meantime yuu may file a divorce case against your wife.

Mani,

The events that happen in the court are generally:

1. Acceptance of the guilt - Judgement, Rejection of being guilty - Trial, proceed below.

2. Framing of the charges based on the FIR and statements. {Negotiations can happen at the High Price slightly lower than the initial demand, dont do any of the negotiations and go for trial}

3. Discharge of the family members against whom the charges are not levied or proved during investigation

4. Trial Begains, statements of the wife is taken. Then the witnesses statement (parents of girl, relatives neighbours etc) are taken. Independent witnesses are required from petitioners side.

5. Evidences of the petitioners are taken. {Negotiations are happening at this stage also at still lower price}

6. If the evidences and the statements are not suggesting of the crime, then again discharge application from the case, or directly quashing of the case.

7. Turning point for the husbands side. If the evidences are present, file the perjury application. Otherwise the statements from the husbands side. Dont worry if perjury is not initiated. If the perjury is initiated, Trial stops until the perjury application is decided. This time the negotiations happen faster and without any conditions. I have seen the divorce happening at this stage without taking any alimony. From 50 Lahks to 0.

8. Quashing of the case if settlement has happened. If perjury then perjury is decided first. Then arguments

9. Judgement.

Mani,

Do not file any divorce case at present, you will get the time to get divorce as well as child custody if you desire. Just see how the game unturns while the trial begains.

Hi Mr Mehta,

   Thanks a lot for giving me lot of information and advise.  I am not able to meet my son.I was very close to him. If facing this trial take lot of time I will lose him forever. My wife isvery careless about him and in past never cared much for him. she is using him as a Weapon.

So, I do not have any option left but to file divorce case with visitance right of my child and also child custody case.  I have been open for negotiation from the beggining for sake of my son and for sake of saving time, but they are not doing it. It is difficult for me to keep my mind free from stress and my job is also at stake.

   Kindly suggest me if there is any other way to see my son regularly.

Regards

Mani

Hello,

 Mr. Mani

u have been perfetly advised earlier and as far as ur new query is concern You can file a case under guardianship and wards act for taking custody of the child but if child is of tender age and then u have to think about it.

Furtjher in my opinion u can ask the IO of the case to not to chargesheet ur parents if ther is no material of there accusation under in the investigation further after filing of chargesheet u will be considered by the court at the stage framing of charges.

Hello,

 Mr. Mani

u have been perfetly advised earlier and as far as ur new query is concern You can file a case under guardianship and wards act for taking custody of the child but if child is of tender age and then u have to think about it.

Furtjher in my opinion u can ask the IO of the case to not to chargesheet ur parents if ther is no material of there accusation under in the investigation further after filing of chargesheet u will be considered by the court at the stage framing of charges.

Hello,

 Mr. Mani

u have been perfetly advised earlier and as far as ur new query is concern You can file a case under guardianship and wards act for taking custody of the child but if child is of tender age and then u have to think about it.

Furtjher in my opinion u can ask the IO of the case to not to chargesheet ur parents if ther is no material of there accusation under in the investigation further after filing of chargesheet u will be considered by the court at the stage framing of charges.

Hello,

 Mr. Mani

u have been perfetly advised earlier and as far as ur new query is concern You can file a case under guardianship and wards act for taking custody of the child but if child is of tender age and then u have to think about it.

Furtjher in my opinion u can ask the IO of the case to not to chargesheet ur parents if ther is no material of there accusation under in the investigation further after filing of chargesheet u will be considered by the court at the stage framing of charges.

Hello,

 Mr. Mani

u have been perfetly advised earlier and as far as ur new query is concern You can file a case under guardianship and wards act for taking custody of the child but if child is of tender age and then u have to think about it.

Furtjher in my opinion u can ask the IO of the case to not to chargesheet ur parents if ther is no material of there accusation under in the investigation further after filing of chargesheet u will be considered by the court at the stage framing of charges.