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Author Topic: Sec 498A Quashing in High Court  (Read 1571 times)

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Offline sayyed

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Sec 498A Quashing in High Court
« on: August 09, 2016, 03:13:41 AM »
Hi All,

My wife filed sec 498a in 2008 and since then she did not appear in court. In the meantime :
> She has taken one sided dissolution of marriage certificate from sharia court ( when we advised them that the cases are pending in court)
> then illegally married to her cousin and now is mother of two daughters
>  Filed maintenance case against me even after marrying to her cousin and when we showed birth certificate of her daughter she confessed that the marriage is dissolve and she need maintenance only for our daughter ( We have one daughter from our marriage)/

I filed 494 against her and her family, now she approached to high court to quash the case ( however the sharia was running parallel judiciary to the court).
Since our both the cases that is 498a and 494 pending with one judge in lower court. My wife is not appearing in lower court with a view to quash the 494 in high court first and then appear is lower court for 498a.

Its almost 8 years now she is not appearing. I m planning to approach to high court now to quash sec 498a on the ground of her absenteeism and second marriage.

Please advise the percentage of sec498a getting quash in this case.


Offline advjaibansal

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Re: Sec 498A Quashing in High Court
« Reply #1 on: August 10, 2016, 05:13:50 AM »
Dear Sir,

Being a lawyer we never know the percentage of a case. But certainly you do have a good case for quashing. Please file the petition.

jai bansal
Advocate, New Delhi
Supreme Court of India
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