Vish (NA) 26 June 2015

Intervention application in 498a quash [hc]

Hi All,

I have applied for quash for my mom and dad at HC on the bases of Juridiction and false complain. I have submitted very strong evidence and have also received stay order from HC, but the judge had asked me to include my name too in the quash petition and also to submit intervention application stating that I am ready to take her back.

Back ground

Already twice mediation had failed

1. before 498A FIR

2. While in bail procedure.

Kindly suggest, is it Ok to directly say no to the judge. Will it create negative impact in my quash for my parents.

Regards,

Vish

Reply Follow

3 Replies

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 26 June 2015

“I am ready to take her back” – This is not a ground of quashing at all and will make certainly negative impact. This means that you might have committed a crime and afraid to be convicted.

There is no law in India which can force you to cohabite with your wife against your will.

Taking back 498A wives is a high risk in life. So never file such petition and fight on merit.

File a speedy trial petition also if quashing is not granted.

the following links for sample petitions and other necessary clues.

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

Gagandeep Goel (Advocate) 26 June 2015

Hello There

if you have any choices, then make it clear to the judge..

Law is not driven by impacts on the judges..

Please feel free to express yourself

Gagandeep Goel

0987 220 6969

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 26 June 2015

Mr. Goel,

I understand that law is not driven by impact on the judges, however a judge is a human bing, I have seen a few cases in Calcutta High Court that judges gives wrong judgements which is not at all subject of a matter only because of wrong and imotional arguments by lawyers.