Legal Question in Family Law in India

I took a new 2bhk on rent after marriage just to allow my wife some privacy. She stayed with me for just 3 months & always demanded for separate house as she was not willing to stay with my parents, i asked her to adjust for a year or so. My parents tried to make her feel home and helped her in all respects. After 3 months her parents took her saying that she has to appear for a government exam. Me & my family tried to convince her & in laws to bring her back, after a year of phone talk i went to her house with some relatives. They insulted us and told that she will come only if i buy a separate house. i cant pay rent for 2 houses as i am the elder most son and earning member.

I registered a case under HMA for Bidai at the local court explaining my case.

The court issued notices to her but they never came to the court. After 4 months she filed a complaint against me and later 2 cases under 498a and DV Act. she mentioned in the details that she was with me for 2 years. i have proof of the phone recordings and railway ticket i booked when i went to bring her back. The case was with the mediation cell. but even after our lawyer offered good money for settlement, she wanted a huge amount to settle. Now mediation has sent the case to court and warrants are issued in our name. Our lawyer has asked our family to visit the court (which is in our native place) and take a bail. Can i put a quash request in court with all proof i have. i dont trust anybody now, everyone is trying to pull money in the name of help. PLEASE ADVISE..


Asked on 4/05/13, 11:42 pm

3 Answers from Attorneys

dear client first take bail and after that apply for quashing in high court. for any legal help call me on 9422611385

ADV PRASAD PATIL

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Answered on 4/07/13, 4:48 am
Jayesh Desai Jayesh Desai

Generally quashing is not permitted, hence I would advise you against initiating that action. Instead, apply for bail, and fight the matter, and take it to its logical conclusion, as fast as possible.

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Answered on 4/08/13, 8:00 am


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