Need Expert Advise:
Case Background
1. Matrimonial dispute between Husband & Wife (Inter State). Wife files 498 a & Divorce Petition.
2. During trial proceedings, Husband was assaulted by Wife & allies in the court premises.
3. Basis the incidence, Husband moves Transfer Petition in Supreme Court. SC refers to mediation center.
4. Mediation failed. Wife then files several Crl complaints (500, 504,506 etc)against Husband/Family using a proxy ( ie Her counsel). Basis of complaint was the same incidence but with changed facts (That during proceedings, the husband/family threatened the cousel). Husband not aware of these cases.
5. Supreme Court settles the matrimonial dispute where Husband paid alimony to wife.Quashes disputes between Husband & Wife but was silent on any pending cases filed by relatives/proxy on behest of wife.
6. Husband receives summon in one of the Crl complaints. Prays to Supreme Court that the case be quashed as it was filed by relative of wife. SC dismisses petition quoting 3rd party matter and suggests to file Transfer petition for fair trial.
7. Husband files Transfer petition, and SC grants transfer but in the same state (as that of wife)
6. Husband undergoing trial in the matter.
7. 2 years later, husband receives another summon, filed by the same proxy ( date of filing was one day later to the previous complaint). Husband also informed that few more have been filed by the same proxy against the husband/family.
8. Husband informed that the proxy being a counsel, wants to extract some more money from husband. So using his legal skills to harass the husband.
9. Any complaint whether legitimate or illegitimate is subject to trial, the husband has to appear in person for the trial and become a victim of further assault.
10. Superior Courts can be approached only is there is abuse in proceedings otherwise merits/demerits of case decided by trial court.
Queries
1. Can an appeal be made that the complaint is not a 3rd party matter but related to the matrimonial dispute? Are the cases filed by the proxy not related to matrimonial dispute and liable to be quashed (as they arose from the same cause of action) In fact in all complaints the proxy alleges that he was contesting for wife and during proceedings he was threatened/defamed by husband/wife.
2. Can all the Crl cases be clubbed ? Even if they are 3rd party matter, then can a counsel file several complaints against the husband within a span of 48 hours, but almost 1 year after the alleged date of incidence?
3. What about other complaints in which cognizance has not been taken so far?
4. Can husband file harassment by wife as she has now received the amount and further harassing husband using proxy counsel?
5. If motive is to call the husband for trial then any tools for husband to prevent in person appearance?
6. If husband has to appear in person for getting bail, then he may be bring back another set of false complaints and he is entrapped in this vicious cycle.
There must be some provision in the court of law, to avoid harassment on account of travelling few thousand miles just to appear in person? Is there no code of conduct for the counsels as they are misusing legal knowledge to harass husband.
Please advise.
Any SC/HC Judgements that can be reffered pls share..
