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vict498a   24 September 2015

Does quash petition for 498a in hc needs stay order first?

Hi sirs,

Lower court has issued summons for family members and we got first date for trial in october .

I have requested my lawyer a month back to appeal for 498a quash in HC for my family members and my lawyer is saying quash needs a stay order first .

My lawyer filed a petition in HC and got stay order from HC which says "my family members appearance has been postponed for 3 weeks" . HC order copy didnt mention anywhere about quash and it has no info about what my lawyer wrote in his petition .

Whenever i ask my lawyer to appeal for quash , he is saying that girl's lawyer should respond to our stay order and only after that we can file for quash . 

I'm really not understanding anything .

I went through many threads in this forum where everyone appealed for quash in HC and result of quash known in one hearing of HC . Noone has mentioned about getting stay prior to quash . Then why my lawyer is misguding me ? 

what is the exact process to appeal for quash ? How many days does it take to know quash result ? We have trial date in october , should we appeal for quash now ? can we appeal for quash after trial hearing ? is there any specific period to appeal for quash or can we appeal it anytime during case ?

And also, my lawyer is saying he will file divorce petition in family court now .

Is it right/good advice to appeal for divorce prior/during 498a trial? Should i wait for 498a case to get over to file divorce petition ?

Please someone guide me with right info.  My lawyer is confusing me and i'm in helpless situation . 

I'm not understanding how should i proceed further .

Please help me .

 

 



 23 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     24 September 2015

Gentleman,

U R not being guided properly in the conduct of the case.Approaching the HC should be the last resort after U exaust all the resources in the lower courts.Going for stay of the proceedings is also immature at this stage.U should always fight the cases in the lower courts with merits and valid evidences only.The result finally has been that UR family members have been given time for 3 weeks only,may be till the next hearing.

advocatepassy@gmail.com 971794 (Advocate)     25 September 2015

If you are acquitted in 498a, that itself will be a ground for divorce 

vishak (manager)     26 September 2015

But acquital will take its own time..may be 3 - 5 yr

vict498a   26 September 2015

 

 

so should i wait for acquittel or close of 498a case to file divroce petition in family court ? But , fight of 498a case itself takes many years time ..so should i wait for so many year to file divorce petition or is there any alternative good advice to fight both divorce/498a simultaneously ?

can you please answer about quash and stay process? is it mandatory to get stay order from HC before filing quash petition in HC ...My lawyer is saying stay is mandatory before we appeal for quash ...is it so? 

I never read in any forum about mandatory stay order from HC before quash petition ...

Appreciate your valuable reply . Pls guide us sir ..

 

 

Originally posted by : Advocate Vinod Passy New Delhi
If you are acquitted in 498a, that itself will be a ground for divorce 

 

vict498a   26 September 2015

Originally posted by : SAINATH DEVALLA
Gentleman,

U R not being guided properly in the conduct of the case.Approaching the HC should be the last resort after U exaust all the resources in the lower courts.Going for stay of the proceedings is also immature at this stage.U should always fight the cases in the lower courts with merits and valid evidences only.The result finally has been that UR family members have been given time for 3 weeks only,may be till the next hearing.

I''m also worried about same sir . . My lawyer is misguiding me i think.

I never asked my lawyer to appeal for stay but he got stay for 3 weeks without informing me . 

I read in forums that it is not good to get stay as it will delay whole process.  

But, moslty every forum mentions about try for quash in HC in 498a case so i also want to appeal in HC for quash .

Could you please let me know quash procedure in HC ? how many hearings in HC will let us know about quash result ?

Thank you for your reply sir ..Pls guide us .

SAINATH DEVALLA (LEGAL CONSULTANT)     26 September 2015

U cannot predict time limitation for quash petitions in the high courts,1000s of them would be lying there?

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     28 September 2015

2 Like

AS   30 September 2015

Hi,

 

It is incorrrect to say that your lawyer has not guided properly.

 No harm in getting stay order .(But requesting for stay order is not must) , infact it is good.

 

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     30 September 2015

Originally posted by : AS
Hi,

 

It is incorrrect to say that your lawyer has not guided properly.

 No harm in getting stay order .(But requesting for stay order is not must) , infact it is good.

 

 

Mr. AS,

 

My opinion is -

 

For this type of cases, the tactic of advocates and judges to delay the matter as much as possible. Once the accused becomes vexed then extort him recurrently by giving proposal of mutual settlement and continuously breaching.  

 

Stay orders help them to do so easily.

 

We should focus on Speedy Dispose of rather stay (If the accused is really innocent and did not take any dowry smiley)

 

Real power does not come from revenge;  comes from truth.

 

1 Like

SAINATH DEVALLA (LEGAL CONSULTANT)     30 September 2015

Mr Instructor Rocky Smith,

Don't generalise the lawyer community,it is objectionable and defamatory.If U desire to give advice to the querist focus on the query.Mr Instructor ( I DO NOT KNOW WHAT TYPE OF AN INSTRUCTOR U R) will U teach free of cost.This is LAWYERS CLUB OF INDIA mainly represented by lawyers and not an XYZ Club.UR knowledge and intelligence could be used other wise.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     30 September 2015

Originally posted by : SAINATH DEVALLA
Mr Instructor Rocky Smith,

Don't generalise the lawyer community,it is objectionable and defamatory.If U desire to give advice to the querist focus on the query.Mr Instructor ( I DO NOT KNOW WHAT TYPE OF AN INSTRUCTOR U R) will U teach free of cost.This is LAWYERS CLUB OF INDIA mainly represented by lawyers and not an XYZ Club.UR knowledge and intelligence could be used other wise.

 

Mr. Devalla,

 

My opinion is -

 

My comments are general opinion without personally indicating any specific one hence it is not defamatory. If you still feel that it is defamatory then kindly mention that - under which section of law it is so? 

 

I think you need to recall Article 19 of Indian Constitution. (Freedom of Speech).

 

And also you need to recall LCI Rules as follows: - 

 

We are not here to quarrel with others. Personal attacks, sarcasm, abusive words, innuendoes and rude behaviour will not be taken lightly: The Lawyersclubindia Community is comprised of different types of people with diverse views. They have the right to feel at ease here, even though they may not always hold the same opinions as you do or believe in the same things. Be polite to everyone always.

 

I request you to change your rude behavior on me. Thanks in advance for your understanding.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     30 September 2015

Mr. Devalla,

 

The question of the quest is very clear - 

 

"Does quash petition for 498a in hc needs stay order first?"

 

Ans: - No.

 

I have clearly given that answer with explanation

1 Like

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     01 October 2015

Originally posted by : SAINATH DEVALLA
Mr Instructor Rocky Smith,

Mr Instructor ( I DO NOT KNOW WHAT TYPE OF AN INSTRUCTOR U R) will U teach free of cost.

 

 

Dear Friends,

 

I hope my free advices help you better than costly advices.    smiley

 

1 Like

vict498a   01 October 2015

Originally posted by : Rocky Smith



Originally posted by : SAINATH DEVALLA



Mr Instructor Rocky Smith,

Mr Instructor ( I DO NOT KNOW WHAT TYPE OF AN INSTRUCTOR U R) will U teach free of cost.





 

 

Dear Friends,

 

I hope my free advices help you better than costly advices.    

 

Thank you rocky sir for confirming about stay and quash relation . 

My lawyer fooled me i think . My laywer has taken money for quash but got stay order for 3 weeks without informing me .

now, when ever i question my lawyer about quash he is telling me it is pending and stay is mandatory . I got fooled by lawyer and he took money too .

Now, my lawyer is not doing his job even after taking money . We have out first trial date hearing in october .

can i appeal for quash now ?  how many days would it take to know quash result ? will my quash appeal be taken up by HC as there would be many other pendings cases ? 

Thank you for valuable suggestions...

 

1 Like

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