Anonymous
Asked March 26, 2017

Pending cases despite divorce

  • 9 Answers
  • 1048 Views

I got married in year 2015 and now divorced in year 2017...In between girl side has put up some FIR against us...Those cases are still not over and.police is bothering us despite showing them certified copy of divorce.They say we have to go to High court..Kindly assist.

Answers 9

You have to file details reply in those case and also narrated all things about divorce order you got.

Secondly you can set aside all cases by filing petition for quase and set aside all cases under writ jurisdiction..

Agree Comment 0 Agrees over 3 years ago

U can go to the high court for quashing of said FIR If the  complainant is also ready then get it done by mutual consent otherwise on merits of the matter

Agree Comment 0 Agrees over 3 years ago

Police are correct,You must contest the case pending before court ,if offence are compoundable then compromise it .but it necessary complainant must be ready to compromise  the matter.

Agree Comment 0 Agrees over 3 years ago

sir , divorce case is something different and cases under the IPC are different, if they have filed an FIR you can approach the High court for quashing the complaint if there is something to show that it is a false case and there is no evidence , or you can simply apply for anticipatory bail if it is a non bailable offence and if the police file chargeheet you can with help of advocate defend the case and get acquitted. Divorce case has nothing to do with criminal case so get bail and defend,

Agree Comment 0 Agrees over 3 years ago

You need to file a joint petition before the High court u/s 482 CrPC for quashing of FIR, stating that parties have arrived at an amicable settlement.

Best

Atul Singh

atulsingh.legal@gmail.com

9015071761

Agree Comment 0 Agrees over 3 years ago

Sir,

Fist of all you have to check which case are pending in court, is there any congnizable or non congnizable.

If there is mom congnizable no need to warry but any criminal congnizable case pending the file petition before high court for quashing of fir, if it is congnizable

Agree Comment 0 Agrees over 3 years ago

Hi there, i can assume that they definitly would have filed  FIR under 498a and other section related with mental haressment and dowry haressment under HMAct . You can pursue your case in High court for FIR quashing and arrest stay . Or u can file counter FIR against your wife. You can also say police to record your statement and file the chargesheet. You can move  BAIL application  in court or you can bribe the police to discharge you

For further advice yoiu can contact

https://www.facebook.com/Online-Free-Legal-Advice-518623901633365/

Agree Comment 0 Agrees over 3 years ago

Sir,

your case is crystal clear. Power of quashing of FIR is vested with Honerable high court. You should immediately move to high court

regarsds 

Nidhi t Raj Adv Delhi high court 

m no 9773688741

Agree Comment 0 Agrees over 3 years ago

Sir, please mention the nature of cases that are initiated against you. If it is a case of dowry

harassment or domestic violence etc. the fact that divorce has occurred will play no role and

police will carry out due process of law and institute proceeding under IPC.

Agree Comment 0 Agrees over 3 years ago

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