I have been working in MNC, in April'09 i was married, in Aug'09 i have filed 498a and 3 & 4 DPA case against my husband and other husband relatives. And all got regular bail. According to my lawyer, a final report was submitted within 10 days.
During feb'10 i have called my husband on his mobile to know whereabouts. We were in regular touch for ending this issue. And may'10 he asked me to clear all the cases nd come and join in his joint family. But i refused to do so as he requeste me to join in joint family i was thinking of separate family, so he went to HC for quashing case and HC judge without applying his mind, stayed the case till the disposal of quash petition and also stay included the personal appearances at lower court. AFter this we two lost contacts.
And during april'11, he called me again to join the family as last option. And i accepted to join the family in joint family BUT he is asking to write it an affidavit saying that this false case. But i refused to do so. I have given many options for withdrawing it, but he is reluctant to do it now. And we are in regular touch, even though the quash petition is pending in HC.
In between during the quash petition, my FIL/MIL has filed
1) Tax Evasion pettion agaisnt my father, for which we are suffering a lot.
2) They screwed up the IO's who filed the case, they have been suspended for filing case for the cause of not doing any investigation propely nd fr nt any collecting evidences during submisison of final report (dont know exactly but seems DGP or IGP has given the report of IO's to my husband family).
3) And again they took that matter of IO's to State Human Rights Commision, we heard there also those IO's are getting grilled at max.
4) And filed a peition with General Administration against my father and all other witnesses who are my cases.
These things are happening but my husband is also speaking to me. The quash petition is ther for almost one and half years, we have requested my husbands lawyer not to go further on this, so my husband's lawyer amicably accepted it and reserved the case. The stay and quash petition weren't listed in causelist fr almost 1 year.
I spoke to most of the relatives of them, they say if you want to stay with him then pls write it in affidavit saying that its false case while withdrawing the case. I dont know what i have to say to them or what decision i have to take. They said they are also ready to write it in affidavit saying that they will accept me as there DIL if accept to write it as false case.
1) The stay petition wasn't extended from Jan'11 to till now as our lawyer nd his lawyer agreed to reserve the case for the sake of compromise talks i.e., not getting listed in causelist. Other party wasn't aware of this. During this time, my husband went out of country fr three times on work permit and returned back thinking that he is having stay and also to note he was given unconditional bail.
1.1) Please let me know what does 'Reserve' of high court quash exactly mean?
1.2) As the case was 'reserved', does the stay for my husband and relatives of him EXIST OR VALID?
1.3) I havent filed any counter reply to their quash or stay petitoin till now. Is it valid, if i ask court to vacate the stay based on this point that my husband has went out of country without informing the court?
1.4) Is it not his duty to inform court while going abroad.
2) We have mentioned abt 25 lakhs of money in comlaint, do i need to submit proofs mandatorily during quash peition.
3) My lawyer was informing that they can file DP3 against us, as we have mentioned dowry in complaint. Can they file DP3 against us? If yes, then can they also file during this time also ie., as the case is in hc. (Please not case was registered in aug'09 and may'10 quash petition was filed)
4) We were in regular touch sometime i too call him, Can i file any other cases against him as he talking to me on phones from many months during the stay petition ?
5) Can i file any other civil or criminal cases, while the case is in stay. (Note: I havent filed any other case except 498a)
6) Please let me know what other cases he can file during this situation, we are really suffering a lot.
I would be thankful for any kind replies.