LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Sekar   26 September 2017

How to postpone court date after summons in 498a

My wife registered 498A, DP 3, 4 on June 2015, and the charge sheet has been filed by police, they have removed all other my family members (A2 to A7) from the Chargesheet except me. As I and my family haven't scared of my wife’s blackmails to pay for a huge amount of settlement she has gone to court again and filed a protest petition to add my other 7 family members name. 3 months back (on 26th June) all of them have received the summons to attend the court on 8th November.

Since then I have been asking, my lawyer, to get the certified copies so that I can go for quashing for at least other, but it is almost 3month he wasn't able to receive the copies giving dates like today and tomorrow, and I have engaged other lawyer to get these copies (20days back) maybe I will get them 1st week of next month. So now I have around one month to go for quashing in high court if I get these copies next week.

If I don't get these copies on time, as this court is 750KM away and in a different state from my home, 8 members to travel this far is a big deal.

So, what I am thinking is, can I go to the lower court and ask the judge to extend the court appearance date (8th Nov) to some other date, until the time I can get these copies and go to high court will get stay/quash...etc.

Under exactly which section I can file this petition and what reasons I can show to the court (remember that this is the 1st court appearance for all other family members).

Also, on in March 2017, she had filed DVC case in different court in the same city on me and other A2 to A7, but the judge issued summons to me and ignored others.



 11 Replies

Vijay Raj Mahajan (Advocate)     26 September 2017

You can still get another date for hearing the protest application made by wife on 8th November if on that date your quashing matter is already filled in the High Court. The trail court magistrate will not proceed with the case till it get finalised by the High Court.
1 Like

Sekar   26 September 2017

As per my lawyer saying the protest petition has been accepted and order has been given to adding all others name(the court hasn't given any notice or chance to talk about this petition), that is why all other have received the summons, so i think this date of appearance is normal hearing date if I am not wrong, one more thing as I have asked in the above post what could be the good reasons to show to the judge to ask for another date and under which section?

Thanks again for your quick reply.

Siddharth Srivastava (Advocate)     26 September 2017

You just make and carry inspection of the trial court case file and note down the complete order and on the basis of same challenge the order of the trial court in higher court where you can file exemption application seeking exemption from filing certified copy of the impugned order with liberty to file the certified copy of the order as and when the shall be received by you from the district court copying agency.  But for filing exemption application your application for obtaining the certified copy must have been filed with district court copying agency. So go ahead. Consult a competent lawyer.

1 Like

Sekar   26 September 2017

Originally posted by : Sidharth Srivastav

You just make and carry inspection of the trial court case file and note down the complete order and on the basis of same challenge the order of the trial court in higher court where you can file exemption application seeking exemption from filing certified copy of the impugned order with liberty to file the certified copy of the order as and when the shall be received by you from the district court copying agency.

   Sorry Sir, but your English is too good to understand, from the above lines what I understand is that I should go to high court for exemption with certified copies once I receive them from district court right? or even without them?

 But for filing exemption application your application for obtaining the certified copy must have been filed with district court copying agency. So go ahead. 

 Yes, there are two applications are with coping agencies from two different lawyers.

Consult a competent lawyer.?

are you referring this line for high court lawyer or district lawyer?

 

Siddharth Srivastava (Advocate)     26 September 2017

Just give the plain reading then you will understand. You may call. Siddharth 9811776422

Siddharth Srivastava (Advocate)     26 September 2017

Just give the plain reading then you will understand. You may call. Siddharth 9811776422
1 Like

Sekar   28 September 2017

Sure Sir, and thanks for the guidance. once again.

Sekar   11 October 2017

This is a follow-up post to my earlier post, as I explained before, I haven't received my certified copies yet, though I have engaged a new layer to get these copies, it is almost 40 days with this new lawyer, he is also saying today and tomorrow thing.

anyway, the court appearance date(8th Nov) is approaching, just 25 days away, this new layer suggested that he can file "Memo of Appearance" for all of us.

if he files this application, the Judge will see this application on our court date(8th Nov) or this application is filed before the court date and accept this memo of appearance to let us know the result?(because it is required for us to know in advance to plan the journey).

When I repeatedly asked my lawyer for clarity, he simply says "don't worry I can manage by memo of appearance".

I want experts to throw some light if i am going in the right direction.

Siddharth Srivastava (Advocate)     11 October 2017

Yes, Your lawyer is correct. On the filing of memo of appearance by a new advocate the court generally grant one more date for appearance. But it is ultimately the discretion of the court. You can file transfer petition in high court if it is in the same state otherwise it is the supreme court where you can file transfer petition. Consult your lawyer and also trust him.

1 Like

Sekar   11 October 2017

Originally posted by : Sidharth Srivastav
Yes, Your lawyer is correct. On the filing of the memo of appearance by a new advocate the court generally grant one more date for appearance. But it is ultimately the discretion of the court. You can file transfer petition in high court if it is in the same state otherwise it is the supreme court where you can file transfer petition. Consult your lawyer and also trust him.

This is where I am confused, what if the court refused this "Memo of Appearance" and they refuse before 8th Nov or on 8th Nov? because we should attend the court on 8th Nov in case court doesn't accept this application right? or Court will reject the application and give a couple of days to appear the court?

Regarding the transfer petition - Yes, we are located in Telangana, and the case is in Andhra Pradesh(Vizag).

Siddharth Srivastava (Advocate)     12 October 2017

You may cite valid ground and file exemption application seeking exemption along with memo of appearance to be filed by advocate. File transfer petition in Supreme Court .

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads



Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query