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Author Topic: Quashing of 498 in high court  (Read 304 times)

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Offline ernilesh80

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Quashing of 498 in high court
« on: July 15, 2016, 09:12:33 AM »
My sister has filed a 498A case (dowery) against her husband in year 2007 in Indore. At that time statement of my father, mother, sister and our two witness were recorded. After some years, my father was expired. So my fathers' cross examination by opponent lawyer didn't happen in court. The cross examination of my mother has been done in court. The cross examination of my sister is still pending. After the cross examination of my sister, court may most likely announce the decision of the case in a few weeks. My sister has already obtained divorce and  married again with another person and settled in Raipur. So, it is not convenient for her to appear in court frequently. She couldn't appear in court in some previous dates as we didn't receive any summon from court.  Now, a bail able warrant is issued against my sister to present in court on 12th august 2016 . My sister has planned to appear in court on 12th august 2016. Now we want to settle this case outside the court. Other party is also agreed for settlement. The lawyer of opponent side suggest us to not file 482 for quashing in the High court as it may take some time and may be inconvenient for my sister because she is residing in Raipur and may have to come again. He suggest us another simper alternative- he told us that he would ask some question to my sister in trial court on the next date 12th august ( date of cross examination of my sister) and also would provide answer of those questions one day before. The answer would be in such a way that no punishment would be granted to my sister's husband. It would also not harm to my sister also in any way. My doubt is -
1) Should we trust opponents lawyer in this matter. Is it a safe option or should we go for section 482 for quash in the high court.
2) It is  not convenient for my sister to frequently come from Raipur to Indore. Can we file section 482  in high court before 12th august and demand a dates from high court just before 12th august so that 498A can be quashed and my sister need not have to appear in trial court. In just a single travel of my sister from Raipur to Indore, can this case can be quashed from high court. Is it necessary for my sister to present in-person in high court to quash the 498A.
3) My sister had one daughter child from her husband. Her age is now 13 years. At the time of divorce, the age of daughter was 2-3 years. After the divorce till now, daughter has been residing with my sister. The daughter also want to live with her mother (ie. my sister).  We want to keep child's custody with my sister. Thus, should we make an agreement for child's custody on stamp paper or we should mention this in the filing of 482 section in high court. What should be the procedure of keeping the child's custody. 
4) If the other side doesn't cooperate in
a) filling a 482 in high court or
b) Doesn't do cross-examination on the next date to unnecessarily delay the case to just trouble my sister as they know that it is difficult for my sister to come frequently from Raipur.
In that situation, can we move this case from Indore court to Raipur court by telling court that her new husband doesn't permit her to appear Indore court frequently due to inconvenience to his old age parents as my sister has to manage all household things and in her absence it is very difficult to manage home at Raipur. This case is now at its last stage and only cross examination of my sister is remaining. After that, most likely decision may be announced by court.
Sir I know these are lots of questions but please help me as I am not aware about these things. Once I get your suggestions, I would decide my future course of action accordingly. Thanks in anticipation of help.




 

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