Hi , I filed for divorce petition in Noida court where i used to live with my wife and my daughter and its 7 years of marriage and she filed 498a, DV, 323, 406 and 125 and FIR has been lodged and i got Anticipatory bail from session court since she was having different statements vs mentioned in the FIR and complaints. She is saying she wants to get back and live with me but i know she doesn't want that and two days earlier than today, she sent police at my home to harass me without any warrant. I know that she filed cases in response to my divorce petition and she left her job even in order to get maintence amount and her qualification is MBA-Finance&HR and i am Btech. My daughter is with me and she even mentioned that she is not able to maintain herself so seeking money from me on monthly basis. I need custody of my daughter as i know she cant give her that environment even. she names everyone in FIR those even wasnt living with me in Noida , My brother , my father and mother and now she is saying she doesnt have issues with me , only my parents is not good. I got bail from ambala session court on term that i need to take permission from court before travelling abroad but its my job nature to travel abroad for 4-6 months period since my company doesnt work for india operation. they dont have clients in india to work for. She mentioned everything in FIR that i used to beat her and all but can she file DV in Ambala where is staying now as i never stayed in Ambala ( no sharedhousehold) and police is agreed to remove my family members from FIR since they were not living with me. But how i can quash FIR lodged against me and get stay on other cases. Even judge in 125 case asked op lawyer if all the fake cases have been filed against the boy. since it was the first thing she noticed about my case, so i got bail also from lower court. but they objected on my travel abroad . i just came from out of india after 3 months of my stay just for facing these cases. since they used to harass my parents when i was not there. any good lawyer and reasonable lawyer in Punjab and Haryana High court? when i was in mediation court then theft was also took place and thats why i am staying now along with my parents in mohali.and my wife is from Ambala.work location was Noida Please advice on my situation.
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It is common to involve parents and other relatives in all such false cases which are filed to retaliate the divorce case.
However since there is a criminal case pending against you it may not be possible for you to travel abroad for a longer duration.
You can look for a skilled lawyer practicing in high court and entrust the FIR quash case on the basis of merits in your side.
quashing is to be done only in exceptional circumstances
2) wait for police investigations to be completed and charge sheet filed
3)then based on legal advice file for quashing in HC
4) number of lawyers on this website from Punjab . Contact any of them
5) you should seek sole custody of your child in divorce petition
6) you can with court permission travel abroad for work purposes
Contact mr. Anupam Srivastava
1. Without seeing the contents of the FIR it is very difficult to advise on the merit of the quashing.
2. Filing for quashing is an option for which you can try your luck even though it is rarely allowed.
3. The case under PWDV Act can be filed from the present place of your wife even if you never stayed there.
4. Since cases of this nature takes lot of time to end , it is advisable to make amicable settlement of the same and most likely in lieu of permanent alimony.
Hello,
You may file a petition for quashing of the FIR in the High court on the ground that the allegations are so absurd that they will not lead to conviction and on the ground that the entire family has been roped in for no reason but just to harass.
Let me know if you need any assistance in chandigarh.
Regards
See file for quashing petition in the high court and seek interim stay on the trial pending the quashing petition, further file a modification application before session court to modify the terms of bail and allow you to travel abroad on surety and bond.
Further in case of 125 crpc it can be pleaded wife wilfully deserted and wilfully not working as she is much more qualified then you, case of mamta jaiswal Mp high court order can be quoted before the court.
As suggested you can move for quashing of your FIR if you have good case on merits. You don't have time worry. You can also try discharge if charge sheet is filed in lower Court
Dear Querist
you may visit my office and meet personally or contact me over the phone to discuss your matter in detail.
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FIR is rarely quashed by High Court before the charge sheet is filed. I would advise you going for quashing of FIR under section 482 CrPC after the charge sheet has been filed by the police.
Your wife can file case under PWDV Act from the place where she is currently residing.
For your 125 CRPC case, she is not liable to claim any maintenance as she is well qualified and is not working just to claim maintenance which amounts to abuse of process of law as the provisions of section 125 are for people who cannot maintain themselves on their own and not for people who are willfully sitting idle just to claim maintenance from their spouse. There are various judgements to support this.
How much time it takes to take permission from court to go out of india for 3 months for work pupose as my company works out of india and what is the process to take the permission. Since my lawyer is saying to wait for chargesheet to be filed in. Right now on AB and Charges are not framed against me as its counter blast of my divorce petition. i need to go in a week time.
You can get the same in a month time once you apply in trial court. You need to apply in trial court with details of your travel. You can decide same when to file for permission depending on your travel schedule
See it can take 2-3 weeks or so as after filing application if other side objects, otherwise such miscellaneous application are settled in week or two by the court.
You can file an application and can try for modification and can seek time to travel from court cite the urgency the court may give order in week.
It may take a month to obtain court permission to travel abroad for work purposes
2) if there are no conditions imposed on your travel abroad you can go abroad for work purposes without court consent
Within a month the court passes such kind of order.
Even before the submission of charge sheet you can apply for such permission.
Permission to go abroad can be granted in a week, though it's a tedious procedure. The other party needs to be notified and application for urgent hearing needs to be filed along with your application for grant of foreign travel.
You may first file a petition seeking permission of court to allow yo to travel abroad for a short period for the reasons as stated in your application.
The court will decide after hearing the opposite side's objection to this and may pass an order at its discretion on merits of the case.
Dear client
She can file the case in the court where she was living before marriage that is her parents town and your divorce petition can also be transferred from Noida to ambala of she files a transfer petition.
First you have to file the quashing petition of other family members who were not present with you during the time for she has filed false FIR. For quashing for FIR you have to move to High court.
I can suggest you a good lawyer handling these matter and have very good experience of such matrimonial cases.
My suggestion is that you should apply for permission to travel abroad in High court directly as session court has restricted your travel abroad.
