Tips for getting a Speedy Trial, RCN, Look Out Notice

You can file a writ in High court for Speedy trial(writ of mandamus: on which the High Court can instruct the lower court to finish the case trials within 2 months or some such specific time period), citing the instances of delay, caused by complainant(witness), by other reasons(submit certified copies of your court's Roznama for making these facts evident). Also see http://groups.yahoo.com/group/saveindianfamily/message/88665 and http://ipc498a.wordpress.com/2007/04/10/right-to-speedy-trial-is-a-fundamental-right-sc

Actually you can ask for quashing of the case itself(instead of Writ of Mandumus) in the written prayer,though you lawyer can ask the judge for Speedy trial verbally, if quash is not viable in your case.

If the complainant witness(Wife) persistantly absents herself, give written applications each time she remains absent asking the court to insist the complainant to be present for the next hearing(the court will tell the advocate and get his verbal undertaking, and record the same in roznama), after two applications like this in two different dates, put an application for issuing of bailable warrant since she has not obeyed the court's instructions for which her advocate had given a verbal undertaking/assurance, in next hearing if the complainant is still absent , put an application for non bailable warrant.

The next procedure before you can apply for a quash on the grounds of non-appearance by complainant would be to issue a public notice by way of news paper advertisement(this is not mandatory, but this step will stengthen your quash case)

Finally apply for quash if she still doesnt turn up. All the proceedings which happens during the day of court hearing will be recorded in the Roznama, so get all concerned certified copies of roznama and use it in your Quash or Writ of Mandumus in the Highcourt.
__________If the Complainant-Witness(Wife/ex-wife) is an NRI____________

In parallel to this, after she doesnt turn up after Non bailable warrants too, push the police to issue 'Look Out' Notice for ex-wife(which will ensure her arrest the moment she passes through the immigration terminals of an Indian Airport), then start process for getting Red Alert notice(RCN) to be issued by interpol, with this RCN you can approach UK court and get her side weak too. For RCN process u have to get in touch with SIF-US guys, especially Bala Golds who recently had wrote about an RCN related issue( this was with respect to saving one self from RCN, so this is the flip side of RCN strategy!) in the group: http://groups.yahoo.com/group/saveindianfamily/message/87288.

Legal Position of Bigamy-Adultery Vs 498a Situation: Further explained

Hi Abhi,

If u have taken enough precautions while getting into the 2nd innings, this may help you to get divorce and closure of 498a. Since the 1st will see the vanity in pursuing the cases(if u haven't left any ammunition for her to take up against bigamy- basically leaving proof of 2nd marriage for the 1st to use against you). The 1st could still try poking you with cases of adultery and bigamy but those don't have legal validity(as explained in http://bok498a.blogspot.com/2006/08/impossible-is-nothing-dont-let-your.html )

I would have been in your place but the 1st wife quickly realised that its waste of time not giving me divorce since I had made my 2nd inning plan public, and I got a mutual consented divorce the very next hearing(the divorce case had been dragging for 2+ years till then). The only differences between urs and mine might be that you are in US Iam here, plus the counter cases against them had put them in a tigh spot(they were trying to please me by facilitating a quick 'free' divorce, hoping that I compromised on the counter cases later- which I didnt).

I won't say that this strategy is fool-proof, it could well back fire if the girls family decides to rake up issues by...(let me not give spies in this group some direct ideas). You can see that this strategy is not a one-off thing, when you look at Telugu star Pawan Kalyan's unofficial second marriage, the 1st wife has been unable to hurt him using bigamy, etc.

The moral is that informed risks have a better probability to payback, but the risk takers should be ready to get their hands dirty if they are dragged into another round of court cases. In ur case u r in US, as u correctly gauged "There should be a reason for a Man to come back from US...don't you guyz think so--- "

"Sometimes" 2nd marriages can be more 'strategic' than 'needed/desired' :), even if one is in India. All the best, don't worry life is anyway a battle field, a couple of battles this way or that way shouldn't bother anyone - just do Karma, without seeking the fruits.

regards
Gokul

Re: I got married for the second time........
Posted by: "sureshram" Wed Apr 30, 2008 8:30 pm (PDT)
All the Best.You know there were some of our other members who use go to family court along with the new Women. If fact some got her introduced to the 498a girl.It is the best stratagy to combat 498a girls.I think you have guts and your parents are practical

Wish all the best. Great man

--- In saveindianfamily@ yahoogroups. com, Abhi wrote:

Today..........With my 498A still in the Court.......And with out a Divorce!!Would see if my First Wife(Wolf) can do anything about it!!There should be a reason for a Man to come back from US...don't you guyz thinkso

---Now--my Lawyer is saying that even my 498A will come to an end after the Witch knows about this---the same guy was trying to stop me from getting into thismarriage a week earlier.....I am so sure that even the Witch will come to understand that she has lost forever and ever after this!!
Guyz--Please wish me good luck with my new Wife and Life!!God Bless!!