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Process to with draw 498a

Page no : 2

syam ( )     21 June 2015

Hi Sir , 

Please advice 

false 498a filed on me and i approached one of the high court lawyer in hyderabad for withdraw it with my wife.

*note : I did not receive any summons from vishakapatnam local court (case filed in vishakapatnam woman police station last year ) till now.

1) Please confirm , is it possible to withdraw 498a filed on me in high court  hyderabad now ?  or  i should only apply in vishakapatnam local court for withdraw?

One of the my friend cousin is a practitioner (present he is a doing LLB) he said that , even we file withdraw quash petition in high court with my wife , the high court will transfer this withdraw process to vishakapatnam because i did not get any summons and case should first handle by local court .

2) If it is possible to with draw 498a in high court , I will apply in high court . 

Please provide your valuable suggestion. 

 

 

 

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     22 June 2015

Please don't be confused. 498A can’t be withdrawn as it is non-compoundable.

 

The only solution is Speedy Trial and gets it dispose of. If you go to other way then you will become bankrupt and not solution will come.

 

Corrupted lawyer will always make you confused to extort you, yet, you should remain strict to speedy trial. 

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     22 June 2015

Also you can get final CS by contacting a court clerk in the same court where 498A is going on.

 

Or,

 

You can file RIT.

syam ( )     24 June 2015

Sure Sir as you adviced , I will go with speedy trail in vishakapatnam local court.

1) As my lawyer said that i am having hearing in august month . If i apply this quash petition tomorrow or speedy trail , should i also attend that first hearing of 498a case ?

2) As quash petition or speedy trail of 498a in visahkapatanam take 15 days or more time ?

Thanks for your valuable suggestion , with this information really i am comfortable and strong . This site is really appreciable.

Thanks for every one who is helping common people with ur legal advices and spending ur time.

 

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     24 June 2015

I would like to rectify you is word – “quash petition or speedy trail” .

It should be quashing with speedy trial. That is – your 1st prayer is quashing. If not granted by the judge then your 2nd prayer should be speedy trial i.e. direction to the trial court to dispose of the matter within 6 months from the communication of the order (As said in Sec. 21-B of Hindu Marriage Act.) in the same petition.

 

If you apply party-in-person in High Court or Quashing with Speedy Trial then it would not take more than 2 to 3 hearing and 2 to 3 weeks (1 hearing per week).

 

Sample speedy trial petion is available in my links.

 

 

Giving presence (HAJIRA) in the court has nothing to do with your petition in HC.

 

If you are busy and need permanent exemption from the personal appearance then file petition U/S 205 CrPC in the same trial court where 498A is going on.

syam ( )     03 July 2015

Hi Sir, 

My wife applied for withdraw in vishakapatnam family court with lawyer and she given statement as he done in temper now she want to come to me.

Now the problem is , FIR also included section 3 & 4 said to be additional dowry acts , in this case her parents also should come and give positive statement about me.

Here there parents are demanding me to give divorce for her daughter or give money to them to give positive feedback about me in court... my hearing is on 15th this month.

I want to stay with my wife , i forgive her mistakes . but her parents are demanding money or divorce .

Please advice what to do , 15th will be hearing date on that day her parents will recieve summons to attend court for there statement.

If there give negative words towards me is that a problem again ? Case is put by my wife she given positive feedback ?

 

 

syam ( )     03 July 2015

Hi Sir, 

My wife applied for withdraw in vishakapatnam family court with lawyer and she given statement as he done in temper now she want to come to me.

Now the problem is , FIR also included section 3 & 4 said to be additional dowry acts , in this case her parents also should come and give positive statement about me.

Here there parents are demanding me to give divorce for her daughter or give money to them to give positive feedback about me in court... my hearing is on 15th this month.

I want to stay with my wife , i forgive her mistakes . but her parents are demanding money or divorce .

Please advice what to do , 15th will be hearing date on that day her parents will recieve summons to attend court for there statement.

If there give negative words towards me is that a problem again ? Case is put by my wife she given positive feedback ?

 

 

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     05 July 2015

DUVIDHA ME PARA ADMI NATO GHAR KA OUR NA TO GHAT KA.

 

 

Vidya (ss)     06 July 2015

the best suggestion is never dare to take her back.....wolf knows blood taste well.

same happen to my one of cousin ...she filed 498a and other 5 sections case..expected lot of money...but my friend never entertained .... As fir and charge sheet contain many false allegation he challenged ..he and his family gone to jail then bailed ...finally the day came near to prove her drama... Then she start new drama of come back... Compromised in lokadalath 

b*tch is back....next day morning she gone to kitchen burnt herself and hit her head against wall..bleeding happen...all my friend family still sleeping

in an hour her father arrived with police and media then filed many more cases with full fake proofs.

my friend got prison 8 months and his family 4 months

we to belong same andhrapradesh ....incident happen in Nandikotkur, KURNOOL dist

be ware of b*tchy wife's 

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     06 July 2015

Originally posted by : Vidya
the best suggestion is never dare to take her back.....wolf knows blood taste well.

Agreed.

 

syam ( )     13 July 2015

Hi sir, Thanks for your advice.

last week my wife given her statement as i am good and allegations are all wrong.

Court has given summons to all withness to attend court this 15th in vishakapatnam including wife parents.

Now my wife's mother asking me to give divorce saying that they did wrong and asking to forgieve them and they want to separate from me ...

If i not accept to divorce , she said she will motivate my wife again and she will make her give wrong report on me again in court on 15th saying that i forced her to speak favour to me.

1) Is court consider her statement now ? wife statement completed last week only saying that all allegations are wrong aganinst me .

2) If i accept for divroce becasue i am vexed , please advice what is the process. I am completely vexed in keeping leaves and paying money and remaining expenses.. please i dont want to come to court again.

 

 

 

 

Sudhir Kumar, Advocate (Advocate)     01 May 2016

refer your thread

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=136203&offset=2#.VyUyqCFMzwo

Sudhir Kumar, Advocate (Advocate)     01 May 2016

refer your thread

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=136203&offset=1


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