Civil Procedure Code (CPC)

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FightforGood (Specialist)     12 November 2015

Fighting the 498a case.. need help on some questions

Dear Law Experts,

 Need your suggestions on the below queries to fight my 498a case as it is completely fake and framed the FIR with incidents that never happened. Current status is charge sheet is yet to be filed and pending AB because of case moved to mediation.

1. A statement given in the FIR that "some gold, silver things given during marriage" - Is it possible to file a case on the basis of dowry given is crime? is there any chance of backfiring of this case?

 2. Is it mandatory to obtain AB before apply for quashing the FIR? Also is it possible to apply before charge sheet is filed?

 3. Is it advisable to file annulment case while 498a case is ongoing? If its fine, is it possible to apply while the case 498a case is in mediation and pending AB?

 4. What is the purpose of mediation? While my family members attended mediation separately, no questions or discussions happened to the incidents mentioned in the petition. Is it possible to pray for canceling the mediation and request for AB?



 11 Replies

yar khan (law officer)     12 November 2015

Just contact your Invistigation officer he is the right person to tell you and you can recall your warrant also. Regards. Yarkhan

SAINATH DEVALLA (LEGAL CONSULTANT)     12 November 2015

As per the guidelines of SC, there  should not be direct arrests in 498A and DV cases,unless primafacie is found during investigation.Then U have to apply for AB before the Chargesheet is filed.Don't think of annulment at this stage,it is of no use.( on what grounds would U go for annulment).

The purpose of mediation is to settle the ongoing disputes amicably from both the sides.

FightforGood (Specialist)     15 November 2015

Thanks Sainath for the suggestions.."Then U have to apply for AB before the Chargesheet is filed" - what do you mean here? is it not possible to apply for AB once chargesheet is filed?

Marriage is not consummated - is the ground of annulment..

About mediation, is it possible to request the court or mediation centre to decline attending mediation as am planning to fighting the case to prove it fake? Would i get AB if i decline mediation on the merits of fighting the case?

 


(Guest)

The above gentleman failed to advice you properly.

 

You will lose time and money and precious youth running behind AB, etc, if you have taken dowry, give it back take mutual consent divorce and finish matter ASAP.  People like the above will only help lawyers get some more cases and make quick buck from people like you who will promise to get you justice where there isnt.

Go for one time settlement and take MCD.  Live and let live.

SAINATH DEVALLA (LEGAL CONSULTANT)     15 November 2015

I may be wrong earlier,it is once the chargesheet if filed.It is left to U whether to attend mediation or counselling.If U don't attend then the proceedings start in the court.

Getting AB has nothing to do with mediation.

SAINATH DEVALLA (LEGAL CONSULTANT)     15 November 2015

Dear Agyan,

Better join a law school and get some knowledge instead of misleading the victims with UR adamant replies.


(Guest)

sainut Devalal gaan du.


(Guest)
Originally posted by : SAINATH DEVALLA
Dear Agyan,

Better join a law school and get some knowledge instead of misleading the victims with UR adamant replies.

Beta Sooole magne,

 

Ningenara tikdalli mull sik haakondidena.

You simply keep roaming in this forum giving nonsensical replies to querist, you appear to have some problem with me.

On the other hand you seem to think that you own this forum and only you and that loser Gupta have right to reply and comment on others replies.

 

That itself shows what kind of people you are.

 

Get a life looser.

You keep suggesting only ways for querist to end up in lawyers who dont even have proper office.

You better stay away from me soole magne.

Take care.

T. Kalaiselvan, Advocate (Advocate)     16 November 2015

Mr. Gyan Prakash, I take very strong objections to your use of filthy and un-parliamentary language on the great experts like Learned Mr. Sainath Devalla. The abusive words you have used against this gentleman is hurting and highly derogatory. You have no rights o pass on such filthy language abuses on anyone, more so against this great expert who provides his valuable services in the form of opinions, advises, suggestions, sparing his very valuable time, energy, money and other comforts. By using such words " 

Beta Sooole magne,

Ningenara tikdalli mull sik haakondidena.",

you have not only offended  and insulted the expert Mr.Sainath Devalla, you have become undeserving to post any contents in this forum  as you have los your standard of writing which automatically makes you unfit to post any reply even if you have proper and trust worthy opinions to them.  

I am taking up this matter with the team admin of this forum to decide on this subject.  

 

Please be aware  that since you have posted highly derogatory and defamatory contents against this experts lawyer, I am ready to take up his criminal defamation private complaint with the concerned judicial magistrate as a counsel on his behalf, if he authorizes me, for which you will be held liable for the consequences.  

I know that you will come back with scathing and retaliatory attacks again on him as well as me, and I know how to tackle them too legally to acquire ends of justice.  

1 Like

SAINATH DEVALLA (LEGAL CONSULTANT)     16 November 2015

I authorise Sr Adv Kalaiselvan,to proceed on my behalf.

It is high time such members should be suspended from the forum.There are many non legal members who being members of LCI keep writing objectiionable and unparliamentary references against the lawwyer community,which has to be condemnd not onloy by LCI but also by the legal experts as well.I can understand each and every word he has posted against me,probably he is not aware that I know all the south Indian languages.

This is not the first time he has been such a filthy soul.Most of the querists are also not happy with his responses as they have informed me over PM.

Almost in all the family related cases they keep on replying with irrelevant sentences,which makes the real victim flee away from the post.

Many of the legal stalwarts have disappeared from participating in the forum,Iwould not like to name them,only because of the adamant,irrelevant,arrogant and indisciplined attitude of such members.I leave this episode to the wisdom of the Admin of LCI.

Today if his membership is cancelled tomorrow U will find him in the forum with a pseudo name.

498A fighter (tutor)     17 November 2015

totally agreed to sainath devalla, abusive words should not be used by any one on any matter by any means on this forum..

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