Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Vidya (ss)     26 December 2015

Need advice to move forward in 498a case

Hello experts and genious lawyers, We need your best advice to move forward. Brife about case. Marriage happen in June 2011. Wife and husband left India Dec 2011. Had argument in the month of Nov 2012. Wife filed a case with aligations in abrod and due to no evidence case has terminated. Husband returned to India in nov 2012. Wife returned India in Jan 2013 Wife filed again a false 498 and 8 other sections case.on 4 family members and husband. Husband was not at home ..his 2 sisters (govt employees) arrested remanded for 7 days. Then got regular bail. His mother and brother got anticipatory bail. But husband without surrender leave india. Chargesheet filed as husband abscanding. Next step 4 family members filed quesh in high court. Notices not served to wife party. Based on it interim stay has granted for 4 of them. Now after 2 yrs 8 months of case filed husband came back .got anticipatory bail. Need advice on it. Husband attending court since grant of bail. As there is stay on other 4 accused case not moving. In fact since begining they not involved at any point of these people life. To blackmail husband, wife included them. Now they don't want to vacate stay...and wish to quash it in high court only. Since wife party not responding no progress in all case. Here husband don't want to compromise he have all evidances to prove him self as innocent. Please advice the beat way to reach destiny. By step wise Thanks in advance to all replys


Learning

 3 Replies

adv.raghavan (Advocate,9444674980)     26 December 2015

You can speed up things in High court, through your counsel to make case reach its logical conclusion,since wife side is not responding. Without going in to details of this case and by your version, taken on  face value the accused persons do have a good chance of coming through successfully. With regards to quash i am skeptical about that.

naren goud   26 December 2015

hello sir , im married in the year 18th june 1995 and in 1996 i got job in govt education department and we are blessed with two children a girl in the year 22nd  march 1997 and a boy in the year 25th may 1999 since as im govt employee my earnins and with my dowry we purchased a house in the year 2004 through bank loan as im coapplicant and my husband regisisterd the property on his name in the loan im coapplicant. as regular emi's my husband did not pay he emi's regularly,, the bank had sent legal notices to us , as i asked him he did not reply me but he said that is not your bussiness . my salary was regularly given to my husband and when i stopped giving the salary he stopped coming house and he was irregular to my house ... the maintainence of house and children was mine. As school vacation i went to my mothers home in the year 2011 may 30 he sent me a notice for divorce foir which i replied to his noticeon tne week ie is on 07/06/2011 after th reply to his notice i returned to my home which we live together . after that he never talk with me regrding notice when he comes to home.in the year 2012 august 28 my husband preclosed the bank loan of our house with out my notice after that he registerd the same hose on the name of my co-sister who is none other then his own younger brother wife in the year 2013 feb 01. the registeration was also not in my notice. At registration time i and my two children are living in the same house. in the same year on when im in school vacation to my mothers hous on 26/05/2013 he vacatedthe house with all hosehold articles with him without intimating me . The same was informed bu our tenanats to me on the same day . I returned to my home ther is nothing in the house ..i took the help of mediation and approached my husband regarding the issue he said me to leave the house and go  for that he oferd me to 5 lakhs. AKTER a week i lodged a complaint on my husband  and had  FIR on the day 07/7/2013 498aDVC .I GOT PROTECTION ORDER TO RETAINED IN THE SAME HOUSE  WE ARE STAYING IN THE SAME HOUSE . AND I FILED A CVIL SUIT ON  MY HUSBAND ,HIS BROTHER AND HIS BROTHERS WIFE MAKING THE BANKER AS PARTY TO CANCELLED THE REGISTRATION.. WITH THIS THEY STOPPED REPAYING THE LOAN AMOUNT WHICH THEY AVAILED FROM THE BANK,, THE BANK PEOPLE SERVED A NOTICE UNDER SARFESIA ACT AND THEY CAME WITH VACATE ORDER UNDER SARFESIA ACT.. I WENT TO HIGH COURT I GOT STAY ORDER FOR TWO WEEKS...NOW 3HAT WILL BE THE COSEQUENCES FROM THE BANK,,, AS MY DVC AND PROPERTY CAES ARE PENDING,,,, PLZZZZ ADVICE ME

naren goud   26 December 2015

AS THE PROPERTY CASE AND DVC ,498A ,cases are pending


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register