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Author Topic: Advice required in My 498a case  (Read 2845 times)

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Offline 498avictimcg

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Advice required in My 498a case
« on: August 18, 2014, 12:49:05 PM »
I am from Chhattisgarh and in my 498A case I am finding myself in somekind of a no where situation, and I do not know what to do, but still strongly feel someone can help and guide me something that could enable me to make some progress:

Details of 498A case are:

1. August 2006 case for 498A was filled against me, my parents and my two married sisters both staying far (in different states).
===> The case states that we harrashed & asked for 1 lac rupees from her and later threw her out on 23-july-2006 from home.
===> Nooothing more has been stated in teh case (nothing what so ever).

2. Police submitted Chargesheet on Jan 2007.
3. Applied for quashing of the case under sec 482 in High court in May 2007, but was withdrawn in Aug 2007, as some lawyer advised to put 482 only after framing of charge.
4. Charge was framed in Nov-2008.

5. Again filed for quashing of the case under sec 482 in High court in Aug 2009, but was dismissed.
6. Since then the the case on in the Judicial Magistrate court First class.
7. But since then the girl or any of her relatives are not willing to come to court for witness trial.
8. In every hearing a new date is being given and teh order sheet states "Summon should be issued to the witnesses"
9. But they are not attending the trail or coming for witness.

Other cases details:
She filled for maintenance (125) and was ordered and am paying that every month.
Twice she has applied for increase in maintenance amount, and it has been increased, though she is working.
She applied Stridhan (27 HMA) with a lot of fake bills, but in that the Judge ordered to return only 49000/= rupees in toto.

Once they approached us for mutual divorce in 2011 and agreed on 5 lacs and gave my child custody to me.
But later after 3 months they refused it after asking for 10 lacs.

I applied for divorce in 2012 but was rejected
In between the divorce proceeding she got the child custody back.
Now I had applied for Divorce and child custody in High Court.

1. IS there anyway that I can file for dismissal of charges for Sisters, as I am having so many evidences taht they were staying far awat=y and even one of the witness in the 498A case has given statement that my sisters are married & have childerens and staying away and very rarly come home.
2. Since they are not coming for witness or argument in court what I can do to make them to come and attend the court and record their witness.
3. Can I still apply for 482 or any other case for discharge of charges for at least my sisters and my mother.
4. What to do and how to make this case to progress.
5. As the girl willing comes to the family court to fight all cases there but does not comes for the 498A witness.
6. Any other advices that can help me with this is heartly welcome.

Thanks a lot for all your advices and help in advance.

Offline advocatepavitra

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Re: Advice required in My 498a case
« Reply #1 on: August 18, 2014, 07:47:08 PM »
Call for mediation with your wife and settle this once and for all its been a long time now.

the outcome of 498a is going to be in your favour, that is why it is taking time.

thats good for you
Madras high Court Advocate

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