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498a quashing, my wife Australian citizen, me an indian citizen


24-Sep-2023 (In Divorce Law)
my wife filed DV in India in March 2021,then filed false FIR against me on 03/02/2022 and my parents under 498,406. In October 2022 she filed for divorce in Australia. I was opposing the divorce and on 11april 23 judge made order that wife consents to remove the husband in the proceedings Initiated by her in India after her consent.i had filed for quashing in delhi high court, court has asked her to appear on 20th october.if she says no, then can court still quash, how long it takes to quash
Answers (5)

Answer #1
512 votes
The discretion of the Delhi High Court would depends on the factual basis and core of the complaints. Merely saying a no of your wife doesn't make a huge impact on the decision of the Hon'ble High court.
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Answer #2
913 votes
Hello Sir,

This is Adv. Shrikant Samantara. The Hon’ble Court has the power to quash the petition on its own motion by going through the facts and the law. The usual time taken by a quashing petition before it is disposed of is 6 months.

Feel free to reach out with any query.

Regards.
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Answer #3
806 votes
You need to hire expert advocate 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.

Plz b in touch
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Answer #4
785 votes
there is no time limit for quashing of case .you advocate need to convince the court that she cannot court and she appear through different moods before Delhi high court to give her concent. there is no time limit for quashing.
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Answer #5
847 votes
Yes it can be quashed by the Court. The amount if time it would take depends on the complexity of the matter as the court would want to give one more chance before they pass any adverse order in a complex matter.
The Court has the power to quash in the absence of the opposite party.
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