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498a quashing in high court after exparte divorce
13-Oct-2023 (In Divorce Law)
My friend's husband is threatened her that he will go for 498a quashing in High court as he took an exparte divorce in 2019 but she come to know about this in 2021 so she has filed petion under order IX rule 13 for set aside and 498a from her current location.Question is what she can do here to stop him for 498a quashing.
498A is criminal offence
Setting aside under order 9 rule 13 is civil procedure, there is no nexus between both.
She ll get notice by high court before orders are issued. She has right to contest and make denial
Setting aside under order 9 rule 13 is civil procedure, there is no nexus between both.
She ll get notice by high court before orders are issued. She has right to contest and make denial
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Adv. Anubha
Delhi | 100+ Answers
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She has to hire an expert proxy advocate in in this regard! Quashing can be done on merits or on the basis of compromise. On merits it’s only possible if you have conclusive evidences in your defence. In her case it’s not compromise therefore her hired advocate will argue in the court that 498a fir shall not be quashed on the basis of merits due to xyz facts
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Adv. D. Khan
Delhi | 500+ Answers
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Hi, the case can be filed here.
An appeal can be filed against the exparte order and an injunction can be taken ith regards to that.
Also, once the quashing is filed your client will receive a notice. She can contest the quashing of the FIR.
For further details contact us.
An appeal can be filed against the exparte order and an injunction can be taken ith regards to that.
Also, once the quashing is filed your client will receive a notice. She can contest the quashing of the FIR.
For further details contact us.
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Adv. Vivek Chaudhuri
Delhi | 25+ Answers
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Hi
Appear in high court and file a reply to his petition along with all the documents and reasons that how you get to know about the divorce and why you didn’t appear there
It’s not easy to get it quashed only on the basis of exports divorce
Appear in high court and file a reply to his petition along with all the documents and reasons that how you get to know about the divorce and why you didn’t appear there
It’s not easy to get it quashed only on the basis of exports divorce
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Adv. Manav Jain
Delhi | 25+ Answers
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Ok, I will guide you, but for that, I need to understand facts and circumstances of your friend's case first. Then I will be able to guide her. Kindly inform your friend to contact me to seek legal advice
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Adv. Pankaj Bajaj
Mumbai | 500+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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