Divorce given by district court & HC iterm stay

If you have documentary evidence of false case then take a route of IPC 191, 193, 195 read with 340 of CRPC and file a counter case of perjuery and abusing the process of law. But the documentary evidence should be very clear and not open for assumption.

This will make them run away.

Use CRIMINAL APPEAL NO.1406 OF 2012 (SC): Kishore Samrite v State of U.P. & Ors.

Just a year after marriage she separated gives doubt to 494ipc may be true.498A and DV are common for a wife to file.Without proofs how can she file 494 ipc.U R not comming out with true facts.Quash in HC will take its own time unless expediated.

Dear sainath sir ,

She filed 494 in last year as the proof is , We went to tour with ouy family & uncle family , I & my mardalu took photo in tour and one of my frnd also came with his family . My fnd has shown to my Ex wife and she took that photo and created the mssg that i married to her and filed 494 case . I am telling true facts that there is no documentary proof . They crated one weddiig card also . I seen in docket . 

Maradalu means her own sister,quite astonishing? Was that photograph of both of U in an intimate positiion? If not not a valid evidence.Production of a wedding card of a person presumed to have been married again that too with her sister is inconceivable.Hence U have to fight it out with the intelligence of UR local lawyer and prove her wrong.

My mama's daughter (mardalu ) . No sir the photo was not in intimate position ,From group photo they took in enlarge position to me & my mardalu .Today i went to court record room for to check what documents are filed by them in court.But Wedding card not there and they are not filed in docket .

Not valid evidences,don't bother,but don't be complacent,be carefull.

How can ivacat the interm stay which was given by HC , Ex wife went to appeal and almost 3 onths competed and in list it is not coming .

Yes U can file for vacating interim stay under articles 226 and 227, in the High Court.

The interim stay has to be vacated if you intend to marry the proposed girl.The DV case and the 498A are continuing offence hence on that basis she is taking advantage.  She is into the revenge spree so she is trying all the tricks possible to ruin you. Dont give up, challenge all her case on merits from your side.  You may follow the suggestions made by others above if it may suit you.

Dear Sainath sir & kalaiselvam sir

Thanks for giving advice to me ,

In 498a&494 she filed protest petition and evidence has given , Her mother & father ,How the court will allow and what was d procedure to add names which was removed in charge sheet ?

I went to HC for 498a & 494 Quash , 2 weeks over & waiting for HC order ,

How to challenge DV and today i went to hearing and she is asking alternative shelter in my mother home . Court has given next hearing on NOV 6th for filling counter ,

House is on my mother name & after getting divorce is she eligible to get shelter ? even i am paying 5000/- pm as Manitainance ?

After the marriage is dissolved there  is no binding between you and her as husband and wife and she cannot claim rights of legally wedded wife except for maintenance under section 125 cr.p.c.  Since the domestic violence case is pending disposal, you can challenge her relief for residential rights or alternate residence as 'infructuous' owing to the dissolution of marriage and moreover she has no rights in your mother's own property. 

As far as quash of 498a and 494 before high court you may prepare grounds accordingly taking the decree of divorce as a supporting issue to the matter sought to be quashed. 

Dear Kalaoselvam sir ,

Wht about the protest petition which was she filed in 498a ?

Kindly tell the procedure and how can i challenge her in protest petition .

Waiting for reply >

Dear experts / laywers,

Our laywer has been submitted counter in HC for to vacate the stay and almost 3 months competed , My laywer is saying that we have to wait for to come in list , But i checked in online last list date was 22.07.2015 showing . How many days i have to wait for to vacate the interm stay on divorce which was given by HC .kinldy pls suggest .