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Subject Topic: 498a 2nd part Post Reply Post New Topic
Message posted by cardioguy on 22/May/10 at 03:11 - IP Logged
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Hi advisors,

Back again with another query though.
In my case the charge sheet has been drawn and in that they have added some more masala. the complainant's parents, brother, her uncle and his friend whose known to my father as well have witnessed agaist my parents and my brother/sister stating that my family members had not done anything to resolve the problem instead demanded dowry to do the same.i.e. myw(kn)ife had been subjected to cruelty in UK by myself as a result she went to India after complaining in UK, my family members went to her and obtained the complaint withdrawal letter and after that they turned around and demanded the dowry to bring me down to India for reconcilliation. However, in the charge sheet they have ommitted my name as I am still in UK and has been termed to be absconded?? But in the charge sheet regarding the me there is only cruelty charges but not the dowry demand along with that in UK. Nevertheless, UK police have given me the clean chit and even the GMC has given the clean chit stating there is no evidence and have closed the case altogether.
Now, Ineed to know whether I can go for the quashal based on the charge sheet, UK clean chit, and delay in drawing charge sheet against me as its been 1yr 5months?
could my parents go for quashal based on charge sheet?
For the case details please refer 498a topic (locked now)

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Thanks
Cardioguy

Message posted by mdxyz on 23/May/10 at 09:30 - IP Logged
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Cardio,

Have you considered filing a divorce in UK (if cruelty and desertion is a basis, since she made false complaints against you and you have been staying apart for sometime now)?

Expartie divorce may not be applicable in India. but if you obtain a divorce in UK and send your lawyer in India with papers to her, he can talk to your in laws, that this is a chance to put an end to all this and move forward, the condition would be to withdraw the cases in India.

It would be blow to your in laws as they would see that you can now move ahead with your life whereas their daughter is still stuck and they wont gain anything by these cases etc.

See if this makes sense as you understand the thinking of your in laws better.

MD.

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Truth alone triumphs

Message posted by hardikm on 23/May/10 at 21:48 - IP Logged
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Cardioguy,

Do not go for quashing or even for discharge, but let them speak lies on the court. Just sit and enjoy till all the lies are been spoken. Catch them in their own web. I know that the opponent is the judge, but you should make the most out of the same. And them you need to show your strength. Moreover, you then need to take the cognizance of CrPC 188 read with CrPC 189, for the crime that has happened in UK. If you push for the same, the MEA has to ask the UK government about the details and the facts of the case.

MD, getting the divorce in UK will not solve the 498a case. Moreover, the enforcement of the divorce will become difficult for the husband in India.



-----------------
Regards,
Hardik Mehta

Message posted by cardioguy on 24/May/10 at 00:39 - IP Logged
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Thanks MD and Hardik,

The suggestions are sensible and seem more logical to me . However, I need to know whether they are feasible? As u know my in-law is a judge and tries to stretch his corrupt hands to the maximum extent to make all attempts futile. The major problem is the lawyers are also not very reliable u know as they have many cases and mine is one amongst them for them(one of the cases for them) however its mine and my family's life for me. So, just wondering about a strong counter attack so that it cannot be possible for him to neutralise with any sort of influence ... u know what I mean? The lawyers are also under pressure by other judges (his friends) in my particular case.... this is Indian Judiciary. so, the lawyers are just dragging everything from their side as they are paid by us on the other hand!

Anyway, thanks for the suggestions.

-----------------
Thanks
Cardioguy

Message posted by hardikm on 24/May/10 at 18:12 - IP Logged
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Cardioguy,

You just need to sit till they give all their lies and then have the strong case. Do not do anything now since this will make your case weaken. You can file the RTI and get the income details of the judge for last 5 years. Then file an RTI to get the judges assets and bank balance. This can be done for judges. Once this is done, if you find the disporpornate assets, file the TEP. You can also contact ACB for putting the corruption charges against him.



-----------------
Regards,
Hardik Mehta

Message posted by cardioguy on 30/May/10 at 04:28 - IP Logged
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Dear advisors,

I have received a letter/summons from the family court in bangalore to attend the court as the wife has gone for divorce on the grounds of the cruelty and desertion demanding 7500000 or 5000000 provided the valuable gifts/gold they have given in the wedding!! my FIL/wife have the sense of grandiose n claiming that they hve given 2500000 worth gifts!! my 498a is running on the other hand as well. So, guys please suggest radical steps.

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Thanks
Cardioguy

Message posted by cool_ris on 30/May/10 at 11:01 - IP Logged
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Cardioguy,

Have you filed TEP against your FIL? If not then please file it asap. Attach the proofs, where he has mentioned about the expenses on marriage. 

This will give you the desired results.



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Jai Hind
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Message posted by cardioguy on 30/May/10 at 12:01 - IP Logged
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Dear Cool,
could you mail me the format of TEP on subbugn@hotmail.com?
thanks

-----------------
Thanks
Cardioguy

Message posted by cardioguy on 30/May/10 at 12:15 - IP Logged
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Dear Cool,
could you mail me the format of TEP on subbugn@hotmail.com?
And how to avail the PAN no. of my inlaw dude?
thanks

-----------------
Thanks
Cardioguy

Message posted by cool_ris on 30/May/10 at 12:59 - IP Logged
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cardioguy,

If you have the First Name, Last Name and DOB of your FIL then PAN No. can be traced.



-----------------
Jai Hind
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Message posted by cardioguy on 04/June/10 at 03:29 - IP Logged
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Thanks Cool and Cheeda for the TEP format.

By the way I wanted to clarify the fact that whether my wife could ask for my personal presence and the court should oblige her demand in the divorce case? I am authorising my father to represent me in the court and my counsel is saying that the court may ask for my physical presence if she demands for he same and if I cannot appear in the court she could even get the decree of the Ex-parte divorce.
Could anybody suggest please.


-----------------
Thanks
Cardioguy

Message posted by cardioguy on 05/June/10 at 01:35 - IP Logged
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Sorry guys.
Probably I have not phrased my q properly. Here is my q... In my divorce case my wife has put a divorce petition asking for Rs7500000/- as permanent alimony on the grouds of the false 498a(cruelty) and desertion basis as I am still in UK and has not goe to India to bring her back. Although I have offered her airticket and opened my UK house door wide open with a red carpet from the gate itself (affidavit given in the court) she is not coming.
So, now I have authorid=sed my father to represent me in the divorce case . But my lawyer is saying that she could demand to the court for my physical presence and if the court takes the cognizance of her demand would ask for me to come down at any cost otherwise she would be granted a Ex-parte divorce with the fixed alimony. How do I crack it? Need ur expert advise please.

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Thanks
Cardioguy

Message posted by hardikm on 05/June/10 at 02:20 - IP Logged
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Cardioguy,

First of all, even if she insists, the request cannot be taken and if you have been represented by the POA holder, the court has to take the cognizance. This is as per the Diplomats and Counsulors Act. The court cannot deny the same and also cannot force you. The fixed alimony will not be given without your consent and you can appeal in the HIgh court. Moreover, if you are in UK, they cannot enforce the order.



-----------------
Regards,
Hardik Mehta

Message posted by cardioguy on 09/June/10 at 03:57 - IP Logged
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Dear Advisors,

Well, my knife has submitted an application for the interim maintenance with an affidavit, which was brought into light only today in the court when my counsel went to get the extension time for the submission of GPA to my representative.

In her prayer she has asked for Rs. 25,000 per month interim maintenance and also amended her divorce application facts as just alimony Rs. 50,00,000 plus gold, silver, home appliances etc... to be returned. OTHERWISE ITS Rs 75,00,000 permanent alimony.


How should I proceed here further for the next level please?

Thanks

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Thanks
Cardioguy

Message posted by helplegal on 09/June/10 at 10:02 - IP Logged
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Cardioguy

your knife, very rich ....

This is her request only. next, hearing will start then you need show your evidance, based on that court will consider, forget about her demands... all this not happend in the court.



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Thanks Regards,
Your Help

Message posted by hardikm on 09/June/10 at 17:27 - IP Logged
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Cardioguy,

First let your GPA be accepted by the court and then only further actions can be taken. You reply to the divorce petition stating that you are ready to give her divorce if she withdraws all the false cases, allegations and without any alimony. If she has taken all her articles, then mention in the court that all the articles are already taken away. If not, offer to take back the articles / household appliances by providing the list to the court. Make this a stalemate to her.



-----------------
Regards,
Hardik Mehta

Message posted by cardioguy on 20/June/10 at 18:27 - IP Logged
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Dear Hardik,

I appreciate your suggestion and understand the reasons where u r coming from but the legal faculty are not very naive and her counsel would easily counter state that I am implying my admittance to the cruelty (falsely claimed by them) and is ready to divorce her only if she withdraws the cases (false) and really not willing to take her back!!! then the judge also look at my FIL and discuss to give a prejudiced verdict. So, I am a bit hesitant to go on that line. Any other suggestions at all?

Dear Helplegal,

Sorry, there had been a line missing from my response whilst writing/alteriNG. I have not been to India at al. Yes, my knife has filed a 498a case in Bangalore. y?



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Thanks
Cardioguy

Message posted by hardikm on 21/June/10 at 04:27 - IP Logged
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Cardioguy,

Since she has asked the divorce, you are asking the same to close the cases. If you want the you can contest the case by filing the counter application u/s 23A HMA. This would be then looked as the amicable settlement for paving the path for her divorce.



-----------------
Regards,
Hardik Mehta

Message posted by cardioguy on 05/July/10 at 01:22 - IP Logged
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Dear Advisors,

Now the magistrate court's hearing has been adjourned to the month of October 2010 as my mother and sister could not attend this time because of the ill health.

In the meanwhile my divorce case is due on the 9th of july where in we would submit our GPA to get accepted first and see what happens next.

Regarding the maintenance case even though I have assured the court with the affidavit stating I would take my wife back if she withdraws the false cases filed and furnish the truth to the court, would the court direct me to pay her the interim maintenance (25000 demanded by my wife) at all? my wife is an ayurvedic doctor and I could not find out whether she is working or not. However she has filed the divorce on the grounds of cruelty and desertion which is an utter falsehood.

Just a clarification needed on how the family court proceedings go on and the possible verdict regarding the interim maintenance please.

-----------------
Thanks
Cardioguy

Message posted by hardikm on 05/July/10 at 03:44 - IP Logged
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Cardioguy,

Since you are contesting the divorce case, the maintenance would not be easily given. Ask the court to go on the merits of the case to decide if the maintenance has to be given or not. Also you need to tell that she is capable of maintaining herself and so there should not be any maintenance.

For the court proceedings, if you prove that she is coming with unclean hands, then you will be heard. Put the FIR stating that what she is telling is all the assumption which is mentioned in FIR. The court will understand what she is upto and decide on that basis. Remember, you need to put all the documents in place so that when it goes to higher court, the court scrutinized the documents.



-----------------
Regards,
Hardik Mehta

Message posted by cardioguy on 06/July/10 at 02:52 - IP Logged
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Dear Hardik,

Its mainly the Interim maintenance whilst fighting the divorce case not the final maintenance.
So, any different suggestion?

Regards.

-----------------
Thanks
Cardioguy

Message posted by hardikm on 07/July/10 at 04:17 - IP Logged
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Cardioguy,

I am also talking about the interim maintenance. In the divorce case S24 is the interim maintenance tll the pendency of the case. The affidavid will show that you are willing to take her back. I would request you to file the application u/s 23 A for RCR based on that affidavid. This will end play her maintenance request at this stage.



-----------------
Regards,
Hardik Mehta

Message posted by cardioguy on 27/July/10 at 01:37 - IP Logged
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Dear Advisors,
Now in my divorce case I have submitted the GPA and the court accepted the same and has given the next date for september 4th. I would like to know the next step as to what's going to happen? My lawyer says that the court would send us for mediation and if te meiation fails then the court would immediately order the interim maintenance in my knife's favour. So, could you please advise me the next judicial step? My lawyer says that even after filing the RCR the court would rule the verdict in my knife's favour in the interim maintenance case. I ould not understand the logic here though.
U see she has filed the divorce case, I have given her the Affidavit to accept her if she comes to UK and have not deserted her. And she is an ayurvedic doctor, obviously now she is not working deliberately but she can work and capable of earning. Do not know how the court can ignoe these things and rule against me to pay her IM? Could you please advise?



-----------------
Thanks
Cardioguy

Message posted by hardikm on 27/July/10 at 03:51 - IP Logged
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Cardioguy,

Just inform the court that you will give the divorce if she takes back the 498a case and give the divorce without any alimony. Otherwise you are not ready to give the divorce. Regarding the maintenance, even if you dont pay, this would not matter since you are in UK. Only the 498a case will be running if the divorce is granted. They cant stop from granting the divorce. In meditiation also, be firm with the above demands.



-----------------
Regards,
Hardik Mehta

Message posted by cardioguy on 28/July/10 at 02:36 - IP Logged
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Dear Hardik,
Do you think I could put my refusal forward stating that I would not be paying any maintenance?
secondly, could I go to the high court to challenge the IM verdict given by the FC Judge if he grants the IM for her even in my absence?
Thirdly, what do you think about the counter case against her ...criminal conspiracy, intimidation?
You had mentioned in ur previous suggestion to file RCR. But my advocate is not keen on it as he says that does not prevent IM.
Fourthly, what do you think about settling in India after few years once she gets the Ex-parte divorce if I decide to at all in the future?

-----------------
Thanks
Cardioguy

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