Legal Question in Family Law in India
Hi,
I am a 28 year old young working women. I got illetreatment at my in laws house. Afte 1.5 years of married life, they literally throwed me out of their house. I went to his place 3 time along with my parents and realtives. But they rejected me. All this is known to local police office.That is y i filed a 498a case against my husband and in laws. Now i have 2 points to discuss.
1. How much time it will take to start trials. Polica informing me, there is not need me to go to court for 1 year. But i doubt it is not true. If my husbad file either RCR or Quash application before hight court, will i come to know the fact or it be decided based on 1 party arguments.
Generally when a girl needs to appear before Court after filing 498a case.
2. Now i want to apply for divorce. it is been almost 3 month over after filing 498a case. If i apply for divorce or sent lawyer notice for divorce will it affect my 498a case. I mean will it weekens my 498a case.
Need ur valuable suggestion.
NOte: In all the above circumstances, i mentioned before police and every body that i dont want anything except that my husband should and come and live with me in another houce(not in the same house presently we he residing) along with his parents. I did not demand even a single rupee from them. Still my husband mentioned clearly that he want to get rid of me. I cried and requested even before he sent to court for surrendering him to come and live with me coz i love my husband (mine is a love marriage anmd i got married agaist his parents wishes.). But i have no choice but to apply for divorce coz he is not ready to live with me.
If he still continue the case, what will happen.
Thanks nad regards,
Sowmya
Note:
2 Answers from Attorneys
With regards to Point No.1 :- The Trail will start as per the Court order. If you husband files a appeal, you will get a copy of the same.
If you file for divorce, it will not weaken your 498 case.
1. How much time it will take to start trials. Polica informing me, there is not need me to go to court for 1 year. But i doubt it is not true. If my husbad file either RCR or Quash application before hight court, will i come to know the fact or it be decided based on 1 party arguments.
Generally when a girl needs to appear before Court after filing 498a case.
The trial will start once the police files the charge sheet in the court. The police will file charge sheet when police completes the investigation. Normally the complainant, i. e. you, are not required to appear until the case is at the stage of evidence. But, it will be in your interest to do the follow up as soon as charge sheet is filed. If your husband files any petition, be it may RCR or quashing then in that event the court will certainly serve you with the copy of petition and you will be given an opportunity to defend and put your stand. It will be decided exparty (you wrote 1 party) only when you are served by the court and you do not appear in the court.
2. Now i want to apply for divorce. it is been almost 3 month over after filing 498a case. If i apply for divorce or sent lawyer notice for divorce will it affect my 498a case. I mean will it weekens my 498a case.
Need ur valuable suggestion.
What is your rush for divorce case. At least let the investigation be completed and the police file the charge sheet. there is no need to send notice for divorce.
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