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Quash petition opened on my mother name
02-May-2025 (In Divorce Law)
First my wife filed sec9 on me. After 10 days I filed sec 13 1 ia. No kids. Court counseling failed. Trails started, after 2 years she filed sec 498A case on my family. FIR registered, charge sheet opened, received notices within 6 months. Filed quash petition by A2(Mother) in high court. Next month hearing, my lawyer taken dispensers for my parents and for my sister, brother-in-law doing quash. I need to attend as A1 in family court. Is it right approach?
S.Gunasekar Advocate Answer.
Yes, it’s a correct approach. You (A1) must attend trial in family court. Quash by others (A2–A4) in High Court is proper. Dispensations for parents are valid. Continue attending as required.
Helpful?
Adv. S Gunasekar
Chennai | 100+ Answers
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Yes, your current legal approach appears appropriate and strategic, based on the timeline:
1. Section 9 filed by wife – indicates her initial intent to resume cohabitation.
2. You filed Section 13(1)(ia) divorce – for cruelty, which is legally valid and proactive.
3. Counseling failed, trial ongoing – common in such contested divorces.
4. After 2 years, she filed 498A – seen as a counterblast, and timing may help your defense.
5. FIR registered, charge sheet filed – now under trial stage.
6. Quash petition filed in High Court for A2 (Mother) – a valid remedy to avoid unnecessary trial.
7. Dispensation from appearance granted for parents – also legally correct to avoid harassment.
8. You (A1) attending family court – is necessary as you're the main party in both divorce and criminal cases.
Suggestion:
Ensure your 498A defense is strong, using prior events, delayed FIR, and motive.
Retain all court orders and recording of timelines.
Coordinate closely with your divorce and criminal lawyers.
Yes, your current strategy is legally sound.
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Adv. Arjun S
Chennai | 100+ 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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