MyNation Foundation Forum » Advice » 498A

Quash of 498 A + D. V + 406

(5 posts)
  • Started 5 years ago by coolcandy
  • Latest reply from vinayak
  1. coolcandy

    Hi all,

    please guide me with judgements of supreme court on supporting quashing of 498A ; DV; 406 and your expert opinion.

    I was married on 27 april 2008 and my wife stayed with me for abotu 15 days till 15th may 2008.
    She left my home on 15th may 2008 and had been continuosly abusing me on mobile phone and via sms.
    I filed for divorce on July 2008 on ground of cruelty to counter my petition she filed Restitution of conjugal right on Dec 2008.

    My wife has also filed 498 / 406 & DV in July 2010 after 2 year of leaving my home and after 2 years of divorce case going on.and we had been living seperatly since 15th may 2008.

    I have put all the criminal case file against me in high court for quahsing under 482 in year 2010 on ground of jursdiction as she has filied case in her city and all allegation put on me of dowery are claimed to happen in my home town. also second ground taken by me is complaint filed as afterthought with delay of 2 years after leaving my home and during pendency of litigation that is divorce case.and all criminal case are stayed by high court.

    I was granted Judicial seperation instead of Divorce in july 2011 and her petiton was dismissed and in this JS order clearly Cruelty had been proved / established by me .also court has given finding that my wife could not prove allegation of Physical abuse and Dowery put on me in family court.

    please guide me by providing supporting supreme court judgement in my favour for quashing and your expert opinion.

    Posted 5 years ago #
  2. Dr.Dsouza

    our most of the LANDMARK judgments listed here and

    Posted 5 years ago #
  3. coolcandy

    thank you dr dsouza...
    also how much chances you see of court granting quashing in this situation ..

    Posted 5 years ago #
  4. Dr.Dsouza

    All depends on your lawyer.

    Posted 5 years ago #
  5. vinayak

    in addition to dr d'souza's excellent reply

    are you sure of the jurisdictional issue ? i.e. is there a clear mistake in jurisdiction or ??

    ....and ....

    why are you so eager to quash ?

    why NOT fight the case in courts ? and then win and file a crore of rupees as defamation and the ablA nAri and family ??

    why NOT come out with a more honourable victory ?

    just asking

    Posted 5 years ago #

RSS feed for this topic


You must log in to post.