QUASH PETITION U/S 498A IS ADMITTED SINCE 2012, IN THE MEANWHILE PROCEEDING AT LOWER COURT STARTED IN SEP 13, WE FILED A STAY PETITION AT HC WHEREBY WE WERE HEARD ONLY IN FEB 14. HC DECIDED NOT TO STAY THE LOWER COURT PROCEEDING BUT TO HEAR THE QUASH PETITION SINCE ADMITTED SINCE 2012. NOW RECENTLY THE JUDGE CHANGED IN HC, NOW SHE IS INSISTING THAT MY PARENTS SHOULD CALL MY BROTHER WHO RESIDE IN AUSTRALIA AS THE FIR IS AGAINST MY BROTHER, MOTHER AND FATHER. WE ARE NOT REPRESENTING OUR BROTHER IN HC OR AT LOWER COURT, HE HAS BEEN PO FROM LOWER COURT AND WE HAVE NO TOUCH WITH HIM. WE HAVE AN EXCELLENT CASE ON MERIT AS WE HAVE ALL DOCUMENTARY EVIDENCE AGAINST ALL ALLEGATIONS MY BOTHERS WIFE PUT ON US VIA FIR DATED OCT 2010 IN PUNJAB.
MY QUESTION IS THAT HC SHOULD DECIDE THE QC ON MERITS, WE EVEN MENTIONED IN ALL OUR PETITIONS EITHER IN LOWER OR HIGH COURTS THAT THE GIRL SHOULD COME UP WITH SINGLE DOCUMENTARY EVIDENCE AGAINST MY PARENTS AND WE ARE READY TO GO TO THE JAIL.
THE LADY JUDGE DISMISSED THE QP ON FIR AS SHE SAYS THE CASE IN LOWER COURT IS AT EVIDENCE STAGE SO THERE IS NO QUESTION OF QUASHING WHILE IT’S THE DELAY FROM HC THAT THEY HAVE NOT TAKEN THE MATTER SINCE 2012 AND ALSO DID NOT STAY THE PROCESSING AT THE LOWER COURT. WHERE WE ARE AT FAULT, WE HAVE AN EXCELLENT CASE ON MERIT AND NO COURT IN THIS WORLD CAN SEND MY PARENTS TO JAIL IF ANY OF THE COURT HEARS US. WE RESIDE IN DELHI AND TRAVEL TO PUNJAB ONE EACH LOWER / HIGH COURT DATE ALONG WITH OLD AGE PARENTS IS REALLY HARASSING. LOWER COURT IS NOT EXEMPTING THE APPEARANCE OF MY OLD AGED PARENTS. WE ONLY HAD A HOPE WITH HC QUASH PETITION FOR AN EARLY DISCHARGE BUT LADY JUDGE IS NOT WILLING TO READ THE CASE, SHE INSIST THAT WE SHOULD CALL OUR BROTHER HERE, WHOM WE HAVE LOST TOUCH SINCE 2010.
PLEASE HELP ME WHAT TO DO, MY OLD AGE PARENTS ARE GETTING HARASSED FOR NOTHING, WE ALREADY SUFFERED A LOT SINCE 2010 WHEN FIR WAS FILED IN PUNJAB AGAINST OUR WHOLE FAMILY BUT WAS REGISTERED ONLY AGAINST THE HUSBAND (MY BOTHER) WHO RESIDE IN AUSTRALIA AND MY OLD AGED PARENTS.
WHY HC LADY LAWYER IS NOT WILLING TO HEAR OR READ THE CASE THAT HAS ALREADY BEEN ADMITTED BY HC 2 YEARS BACK? HOW CAN HC FORCE US TO CALL UPON MY BROTHER WHOM WE HAVE NO TOUCH? PLEASE ADVISE WHAT OPTIONS I HAVE?
