mamrav1234 (manager) 22 November 2013

Divorce and 498a- urgent

Dear Sir,

I am Raj from UP. I got divorce in my favor this year March. Then she moved to Allahabad high court agaisnt this order. This case is pending there. They had several other cases also agaisnt me like 498-a , 313 , 506 etc etc. and recently their advocate approcahed me and said " that lady and her family members are not willing to fight this criinal case in lower court and wants to finish all that. I said ok and then her advocate made her hostile in the court and all criminal charges came to an end in just a day time. It was agaisnt me , my mother and father.

while tuning hostile , she took all her complaints back and also admitted that divorce has already been granted by loer court. She also said that this all heppened as i was not a good person , used to drink etc etc and then family and society pressure pressurised me to file these farud cases.

Now me and my parents are free.

My question here is - will this settlement effect the divorce case oending in HC ? would i have an edge agaisnt her in HC? or she would have edge on me? someone told me that this case will help me in HC divorce case.

I am totally confused as i am thinking that HC will find that lady has changed and taken her case back so let them unite?

Please help

Raj

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5 Replies

Laxmi Kant Joshi (Advocate ) 23 November 2013

read your other same posted query .

T. Kalaiselvan, Advocate (Advocate) 23 November 2013

Raj,

Firstly be happy that she decided to withdraw her allegations against you and your family members thus remained hostile and all of you were acquitted. If the lower court has already granted divorce, she went for an appeal against the judgment, is it?, The appeal is against the judgment of the lower, it has got nothing to do with the other criminal cases. I think your lawyer should have filed your counter for the appeal ?, if so, the acquittal in criminal case may be referred during the argument over appeal but it may or may not have an impact over the appeal.

mamrav1234 (manager) 23 November 2013

Thank you so uch sir.

Infact status in HC is same as it was some 7 months back. now i am planning to go with 498-A certified copy and give it to HC lawyer to move forward.

Any special instruction or advice you would like to give me ? please let me know

Thanks again

Regards

Ramesh (student) 26 November 2013

Dear sir,

My case of divorce is also pending in lower court.

Will you please send a copy of the judgment in mail id myngone@gmail.com

or post it to the forum for the benefit of others.

thanks

mamrav1234 (manager) 26 November 2013

Dear Ramesh,

I will surely put the entire judgemnet along with all other references here to help those who need it. Supreme court had once referred this 498-A as "legal terrorism".

Anyway , give me sometime as i very busy in HC activities and any judgment references would be of any use only when it is either from HC or SC.

Thanks