My mother has filed a case under section 498A of IPC in the lower court. My mother is 50 years old and father is 58 years old and we all siblings have been witnessing the torture of my father over my mother since childhood. My father is an Islamic cleric and teaching Islamic studies in a madrasah under U.P. Govt. He always used to justify his acts and gaged our mouths. The present case in the lower court started with a conspiracy of few persons who provoked him to get married and sell all the property, for this he started torturing my mother to leave the home which is in Bihar. He sold the house in Bihar in which we are presently residing and registered it in the name of two persons (both from UP and his religious follower). Both of these men are witness ( Gawah) in the TALAQ letter which he sent to my mother through speed post. After sending the TALAQ letter he solemnised his marriage with a girl of tender age (19 years ).
The lower court took cognisance in the case of 498A. He applied for anticipatory bail and the session court put the condition (15000 per month and rent of the building which he has already registered to both men) before granting bail which he conceded to abide by the condition in writing before the court but later refused to pay and moved to high court for the quashing of conditions. High court directed the court not to be prejudiced and to grant bail on its own merit of the case, still the bail is pending in the lower court as he is not ready for any condition and court don’ t want to provide bail without condition. In the meanwhile when I checked the high court’s website I found that he has filed a quashing petition of 498A in the high court the high court has put stay in the case in lower court the oral order is ...
Issue notice to opposite party no. 2 both by ordinary
process as well as registered cover with A/D for which
requisites, etc. must be filed within one week failing which the application shall stand rejected without further reference to a Bench.
Put up this case immediately after receipt of service report.
In the meantime, further proceedings in connection
with Complaint Case (CA) No. 23 of 2016 pending before the learned Judicial Magistrate 1st Class, Purnea shall remain stayed.”
What is the meaning of the above order?
Can we provide cogent evidences in the high court and can stop his quashing petition ?
If yes then what grounds are pertinent to produce before HC.
When to file a reply if any , and what is its procedure?
Can I represent my own case in HC? , if yes , then how .??
Asked 2 years ago in Family Law from Katihar, Bihar
1. I got this HC order from HC’s website. The petition mentions my mothers name in party no. 2. with full address. Yet I have not recieved any court order by post or any means.
Is it beneficial to appear in the court and present counter petition in advance?
2. The order of HC doesn’t mention any clear date in which we can file the counter petition. Can I file it before we get any postal order from the court?
If due to financial crunches (as I am studying and preparing for IAS),I have to request the court to appoint amicus. What is the procedure?
Can the appointed amicus draft the petitions?
3. Is it permissible to move both petitions simultaneously .i.e. counter affidavit and stay vacation application. Or Which petition should be filed first ?
4. Yes, I will appear through an advocate.
Is it mandatory for my mother to remain present in person? As HC is 600 km away from my native place.
Can I alone with my advocate appear before the court?
Please guide me ...
Asked 2 years ago