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Suresh Reddy (IT Professional)     13 May 2010

Quash petition on 498A

 Hi,


 I am suresh, My brother-in-law's wife has booked 498A case on all the family members including me and my wife, this case has been filed in Nalagonda district which comes under Judicial First Class Magistrate.

 As I am from Hyderabad I and my wife have approched HC of Andhra Pradesh for quash the same and HC has granted an interim stay and issued notice to the respondents to show cause as to why this application should not be compiled with and made the following order :


 Order : There shall be interim stay. Notice to respondent No2(my brother-in-law's wife). post after six weeks.


 This is my current situation and the respondent has not attened the court till date and it has been more than 13 weeks for now from the date of the orders has been issued. here my question to the lawers is : still how many days should I wait for as the court orders were only 6 weeks and what should be my next step. If they dont attend the HC will the case be in my favour?
 

Thanks,

Suresh.



Learning

 6 Replies

Gundlapallis (Advocate)     14 May 2010

since the other side has not turned up in the given time... the court will pass exparte orders on the merits of your petition.  Find the next date of adjournment from your lawyer of if the orders are reserved... you will get notice before its pronouncement.

1 Like

Kiran Kumar (Lawyer)     14 May 2010

there should have been some date fixed for hearing of the matter, find out the necessary details from your lawyer.

 

find out whether the court has simply adjourned the matter or has passed some other favourable order.

1 Like

G. ARAVINTHAN (Legal Consultant / Solicitor)     14 May 2010

Date might have been fixed.

keep in touch with your Advocate.

Since stay is in your favour, wait for time to come

1 Like

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     14 May 2010

YOUR ADVOCATE NEED TO MENTION IN THE CONCERN JUDGE FOR THE LISTING OR GIVE A LETTER TO REGISTRAR TO POST AT AN EARLY DATE, SHOWING THE PROOF OF NOTICES SERVED ON RECORD.

srikanth kumar bandari (advocate)     14 May 2010

Mr Suresh, your brother-Law's wife need not appear in person she will represent through Advocate, as far Stay Order for (6) Weeks is concerned, the same shall be extended from time to time basing on the representation of your Advocate, or sometime the Court may say "Stay until further orders' as stay order is in your favor there is nothing to worry, First notice shall be served i.e, she/respondent no.2 shall know that you have filed a case in High Court, then she will take steps, whether to engage advocate or not etc.... your case is closed only when the Quash Petition is allowed in your favor, for that it takes time have patience, n be in touch with your advocate and try to ascertain the latest update at periodical intervals from your advocate.

1 Like

Suresh Reddy (IT Professional)     15 May 2010

Thank you all for the suggetions.


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