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srk (Service)     06 May 2014

Speedy trial

Hi Experts, 

It has been more than 2 years since my Ex has filed 498a and 420 on me and my family, i said Ex because i got a divorce is US, charge sheet has been filed for 498a around 2 years ago and 2 weeks ago for 420, i tired for settlement multiple times but their demands were so high that they cant be met, i am not attending the proceeding as i am overseas, can the other accused in this case apart from me apply for speedy trial, every time my family is attending Judge is giving a new date asking my parents to call me to India and settle the matter. we want to split the case so that my family can go through the trial rather than just delaying the case. Will that be a good move? it is really possible? if so what is the procedure to do that? 

please help me Experts.

srk



Learning

 13 Replies

Q Slinger (NA)     07 May 2014

Approach high court and request to split the case and speedy trial..I am not sure what CrPC or section that is under, but that is possible...

dv (ghvhb)     07 May 2014

If your parents have been implicated and if they are senior citizen then under senior citizen act it is the states responsibility to protect them and ofder them a speedy trail and relief. Ask your lawyer to use senior citizen act and make an application. Which city

Gautam Kapoor (IT professional Studying Law)     07 May 2014

srk- you can present a gpa to your lawyer notoried by a legal attorney in US .Your old age parents will.be exempted to attend the proceedings.Why do you want your family to go on trial?Which state you belong to?What grounds you got divorce in US ? Do you hold a green card or are you a citizen?

srk (Service)     08 May 2014

Originally posted by : Gautam Kapoor


srk- you can present a gpa to your lawyer notoried by a legal attorney in US .Your old age parents will.be exempted to attend the proceedings.Why do you want your family to go on trial?Which state you belong to?What grounds you got divorce in US ? Do you hold a green card or are you a citizen?

Gautam, 

i got the exempt from the court for my parents, i belong to Hyderabad, Andhra Pradesh, its been close to 3 years and i dont want to waste my time with this stupid case, and at some point of time we have face trial, so y not now,

i applied divorce in US first and then she filed 498a, i was a tricky situation and she partially contested  the case on the argument that she did not receive the summons legally, she fled to india and filed 498a later, she submitted affadavit in the US court along with the 498a case chargesheet but the judge granted me divorce ignoring the case in India.

srk

 

Gautam Kapoor (IT professional Studying Law)     08 May 2014

on what grounds divorce was granted in US.Check your PM shortly

Advocate Ravinder (Advocate/Attorney)     08 May 2014

Basing the divorce of USA, he will get dirvorce here (but it should not be exparte divorce).  First you take divorce.  Later you case will become weak and contest the above 498a and 420. 

T. Kalaiselvan, Advocate (Advocate)     09 May 2014

Your divorce decree obtained in US is not valid in India especially if the marriage was held in India as per the provisions of  HMA.  The alternative is that a split of the case will be the best choice to try the case against the rest of the people leaving your case as a separate case.  In criminal case, the accused cannot appear through his GPA, please check it up.

Gautam Kapoor (IT professional Studying Law)     09 May 2014

SRk - last reply on this thread.See what Mr.Ravinder has posted.

also see https://bharatchugh.wordpress.com/tag/is-divorce-granted-overseas-valid-in-india/

All the best

Advocate Ravinder (Advocate/Attorney)     09 May 2014

Good Article:

Recognition of Foreign Divorces in India ? Is your foreign divorce decree valid in India ?

It will clear all the doubts relating to the above subject.

srk (Service)     09 May 2014

Thanks a lot Gautam, Ravinder and Kalaiselvan for your valuable suggestion and you time, I guess i can't file for a divorce in India, but can i use the statements that she has submitted to the US court as Evidence during the 498a and 420 Trials in India. because the statements she submitted in US are contradicting and false.

Thanks in Advance

srk

 

Sudhir Kumar, Advocate (Advocate)     10 May 2014

your query is on speedy trial

 

this is right of every accused and accused does not loose this right if one of the accused is not attending the court.

 

your family can insist on the same and file WP in High Court.

srk (Service)     11 May 2014

Thanks Mr Rocky, Mr Sudhir and other experts who are taking there valuable time to suggest me,

i will talk to my lawyer right away and ask him file Petition U\S 205 CrPC for exemption from personal appearance by showing my job condition. will ask my Brother and my parents to appear personally and file a petition for speedy trial  in High Court.

Thanks for all your help

srk

Sudhir Kumar, Advocate (Advocate)     11 May 2014

I have no option but to agree with Mr Rocky Smith atleast for the latest advise.


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