Your case is pending in HC 

you cannot file petition in SC for quashing 

3) it is not in lawyer hands to get quashed within 3 months 

4) there are lakhs of pending cases and disposal takes time 

5) file petition in HC for setting aside LOC 

1. The first mistake you did was to get divorce in abroad than getting this in India. 

2. Had you done mutual divorce in India then there was no way you could have been beset with 498A or related cases. 

3. It is not clear whether you have filed quashing case or writ petition in high court.

4. However if the case papers  are shown then a better advice can be given so as to decide whether to proceed further with this case or to file a fresh one. 

Good luck

Hi 

Your matter is a kind of multiple mixup with many legal battles which should have many points which can be confirmed with only after file inspection. 

Can you share me the docs and then can give you online consulting with a definite point to take forward for a resolution. 

Let me know 

Advocate

Dinesh Kumar

Delhi High Court

Quashing the case is not the issue now. 

You first obtain anticipatory bail and visit India  get enlarged on regular bail. 

After that you can either pursue the quash petition  removal of LOCetc or file a discharge petition before the trial court for the reasons you rely upon. 

You may have to engage the services of a genuine lawyer with the help of some local people instead of approaching one by yourself without knowing their credentials. 

What is the stage of 498a now?

Did you declare the decree in india?

What are the factual grounds on which it can be quashed?

One need to go through the documents viz., decree obtained in Australia, FIR, Quash Petition, Look out notice and other documents.

G.Rajaganapathy

Advocate,

High Court of Madras

1. Quashing the Case:

   • 
     Supreme Court: File a petition under Article 142 of the Constitution for quashing based on the Australian divorce decree, mutual consent divorce, and false charges under Section 498A.
   • 
     High Court: Simultaneously, expedite proceedings in Telangana High Court under Section 482 CrPC for quashing FIR.

2. Look-Out Circular (LOC):

   • File a writ petition in the High Court/Supreme Court for cancellation of the LOC, citing the mutual divorce and ongoing child support.

3. Effective Legal Representation:

   • Appoint a reputed NRI legal expert/law firm to represent your case professionally. Verify their credentials and demand timelines for resolution.

4. Australian Divorce Validity:

   • Highlight the mutual divorce decree recognized under Section 13 CPC in India (foreign judgment enforceability). Include proof of separation and compliance with Australian child support obligations.

5. Timelines:

   • Supreme Court/High Court quashing may take 3–6 months if filed with strong documentation and pushed through legal counsel.

6. Legal Costs:

   • Avoid intermediaries; negotiate directly with credible lawyers. Request a formal fee agreement and progress updates.

7. Recommendation:

   • Engage a High Court advocate for interim relief (LOC cancellation) and simultaneously seek Supreme Court relief for quashing within a fixed timeline.

For detailed, personalized advice or recommendations for trustworthy legal representation, consider a phone consultancy.
Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes to write a review, it would be greatly appreciated.

Thank you.
Shubham Goyal

If there is any lawyer or firm that can help me get my case quashed within a reasonable time frame (ideally within three months),

the above expectation of yours is in the first place unreasonable

you need to understand that asking for timelines from advocates is like walking on a slippery slope

equally to blame are the advocates who assure the client some relief within so and so time period. Giving such assurances or guarantee is itself unprofessional and amounts to professional misconduct. Ideally an advocate can only give a tentative timeline to the client within which his case would be adjudicated by the Court. This is only by way of a ballpark estimate. 

you must understand that Courts are highly unpredictable and with the heavy backlog of cases it becomes all the more difficult to get a sooner listing, except in cases of extreme urgency

i would like to see the order by which the LOC was issued against you

it is unfortunate that the first lawyer used abusive language [assuming that to be correct]. It is very unprofessional and derogatory of the profession. 

most likely your petition will be listed in due course for hearing. If you wish it to be listed sooner you will have to give compelling reasons for a sooner listing. 

making general statements that you need to visit your elderly parents and you can no longer delay your visit to them, will not work. 

- As per law, a Mutual Consent Divorce granted by foreign Court is considered as valid, legal and binding in Indian Courts by virtue of section 13 and 14 of CPC and also on account of comity of Nations.

- Since, that said divorce was granted by the Australian Court on the ground of mutual consent , then you should produce the statement given by her before the said Court , in the petition filed by her in India. 

- Further, your mother can also file a complaint under the provision of DV Act against her daughter-in-law for her harassment after filing false cases.

- You should contact a lawyer after fully satisfaction , as your case is not looking very critical , and the FIR can be quashed from the High Court. 

It seem that your matter was not being properly handled. Such matrimonial cases are dealt strategically. No court at the stage of FIR and when investigation is pending quash such FIR so your step in approaching HC is not been properly advised. Judges are not on sale but some lawyers are involved in such gimmicks to make easy money. Details and FIR etc. are required to be examined in order to ascertain the facts and to explore possible remedies. Issue of aged parents is also to be taken care of thoroughly. Prima facie case does not seem to be made out against hem, however, it could be ascertained only on examination of facts and documents and complaints etc.   Duty of lawyer is to represent his client in court with all diligence, sincerity but no lawyer can give guarantee quashing or disposal of case within fix timeframe. If required consult with detail. 

I will give you detailed advice. I feel that you had bitter taste while dealing with some advocates

Sir,

If you need any further assistance for the same.You can approach me through Kaanoon or LinkedIn.

https://www.linkedin.com/mwlite/in/prashanth-nayak-5477b138

You can ping me on 09 yu 769 fg 490 ghj 911

Dear Querist,

my opinion on your queries are as under:

Firstly, the quashing of FIR is not possible as we know only the detail given by you in your query and we don’t know about the grounds on which your counsel had filed the quashing petition.

secondly, until and unless the matter will not be heard by High court, Supreme Court will not entertain your petition.

remain, you know very well about your choice of advocates upon which I am unable to comment.

Dear Querist,

my opinion on your queries are as under:

Firstly, the quashing of FIR is not possible as we know only the detail given by you in your query and we don’t know about the grounds on which your counsel had filed the quashing petition.

secondly, until and unless the matter will not be heard by High court, Supreme Court will not entertain your petition.

remain, you know very well about your choice of advocates upon which I am unable to comment.

Try to file urgent application for listing your quashing petition and hearing of the petition. Or you may file an unrest application for stay the coercive actions taken by police like Warrant or LOC till the final disposal of the quashing petition so that you may visit India freely.