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Author Topic: False 498a in one state and DV and other cases in another state  (Read 262 times)

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Offline vikumar

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False 498a in one state and DV and other cases in another state
« on: September 25, 2016, 07:08:42 PM »
Hi Experts,

I filed a Cr. Transfer petition a the Hon.SC in MAY 2015 since my wife filed false 498a on us in Bangalore and then DV and other cases at her native in Tamil Nadu. 

I was happy that at least my petition was not dismissed straight away as it happens with most men against women. But my happiness was short lived as the respondent took 10 months of time pleading the registry to file her reply and finally did not file their reply.

Now it is SEPTEMBER and the petition became ex-parte in April 2016 but we still do not see any end to our woes, it seems the registry wants to drag the petition as long as possible by postponing the listing or systematically kill the petition to benefit the woman respondent.

Un-knowingly I hired an advocate who is from a place close to the respondent from the same state and I have strong suspicion that they have communicated with each other on how to drag and delay and make the petition useless.

Now the likely listing is at the end of November and I believe this will continue.  I have not even filed divorce or any other cases fearing that SC might consider as counter cases and order in their favour.

I mean I can't understand how women who file 498a can file cases on same stuff as DV in another state where we have never lived and no incidents have taken place. In our country it seems men cannot get justice against women. They have the unique talent of crying and falling to feet of the officials and magistrate to get favourable orders.

My God, it is near impossible task to overcome the overwhelming sympathy factor that women have in this country. I mean how can you call this as justice which is based on sympathy and gender.

Please let me know the options for us to get a quick listing and get the petition disposed off.

Should I write to Hon.CJI on this matter? Please provide your valuable suggestions.

Offline advamrita

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Re: False 498a in one state and DV and other cases in another state
« Reply #1 on: September 25, 2016, 11:39:52 PM »
delay is good for you, its to your advantage, infact there is no way in a family dispute you can win nor can the girl win, you both have to ultimately go for a settlement via mediation, that will come only after long delays when finally your wife is frustrated with court proceedings.

as of now you speak to adv.choudhury he is a renowned supreme court lawyer regarding your Transfer of petition matter. at ph no: 9873628941

Offline advjaibansal

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Re: False 498a in one state and DV and other cases in another state
« Reply #2 on: September 25, 2016, 11:44:53 PM »
Dear Sir,

In supreme court normally it takes time to get the matter listed before the court if counter affidavit is not filed and time is taken by the wife counsel to file the reply. No one will be able to do anything in this regard, please tell your lawyer to object before the court of joint registrar when matter is listed for hearing and limit the time taken by them or close their right to file reply.

If you file divorce and other cases against the wife then that will be adding factor to get the case transferred to the place where you are seeking. As more cases will be pending there. But normally in husband's petition for transfer supreme court is not keen on giving some relief. All the best.

I practice in supreme court, if you wish then you may take my services.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline vikumar

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Re: False 498a in one state and DV and other cases in another state
« Reply #3 on: September 26, 2016, 12:16:31 AM »
Hello Experts,

Thank you for the kind advice.
Since I have lost confidence in our advocate, first I'm going to request NOC from him and then will take next actions very soon.

 

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