PLEASE FIRST READ DISCLAIMER OF ATUR CHATUR
NOTE:- Advise available
for all countries laws vis-a-vis
adultery & divorce so if you want divorce from your adulterous wife &
want to have Consultation with ATUR CHATUR by paying him the
consultation fees then contact him at +91-9873540498 & must also
leave an email at ATURCHATUR@YAHOO.COM
NRI - QUASH Vs Anticipatrory Bail
FIR QUASH and CHARGE SHEET QUASH are the two options available for NRI's.
WHY FIR QUASH instead of Anticipatory Bail for NRI's ?
Because, immediately after applying for anticipatory bail, the police will start searching & may also apply to the court for NBW (Non-Bailable Warrant) against the accused who are in USA or other countries.
What is the harm in Appplying A.B. by NRI's ?
It is because to get bail, NRI might have to come to India if the court orders his personal appearance otherwise it will be termed as if the NRI not obeying the court orders. Hence, the NRI has to either get A.B. or surrender to lower court to get bail, so QUASH FOR NRI .is best suggested here
TYPES OF QUASH
Two most famous types of quash are there viz.,
(A) FIR QUASH
(B) CHARGESHEET QUASH
FIR QUASH
It can be done any time after FIR is lodged.
CHARGE SHEET QUASH
It can be done any time after Charge Sheet is filed in the lower court. But it is preferable to be filed/ applied immediately after chargesheet is filed by the police so that the police does not get a chance to apply for bail cancellation of NRI.
Can we do something equivalent to quash in the lower court ?
There is nothing equivalent to quash in lower court but there is an alternate option which can help the NRI procastinate the charge sheet even after filing of the chargesheet. This is known as returning of the chargesheet by the accused vide an application to the court citing some lacunaes in the chargesheet.
What is Lacunae in the chargesheet ?
Lacunae means something wrong, something missing or some loophole or some incomplete/ wrong information recorded in investigation or sometimes a totally false investigation or no investigation at all conducted by the police. This is called lacunae.
How can We catch the lacunae for NRI?
Chargesheet (C.S.) mostly have the lacunae. CS should NOT be a copy paste of FIR in your case & further they must follow a set procedure.
Further, there is 90 days time limiation to file CS.
You need to work on this 90 days via pressure tactics using RTI in the form of guidelines, standard practices, rules, laws, judgments, standing orders & the link.
Once you are out of this 90 days time limitation & your 13 RTI's are in place then you get many points in hand to return the CS in the name of lacunaes in the CS when the police will come to the court for your BAIL CANCELLATION.
Is it necessary for NRI to come to India ?
Can court case be fought party-in-person without coming to India ?
Can I give Power of Attorney (POA) to my relative ?
What is the best way to fight false court case by NRI ?
To get answer for all these questions, it is suggested that you kindly book a phonic appointment (consultation on the phone) with Hon'ble Atur Chatur by paying him the consultation fees.
Please visit:- ATUR CHATUR
Quash on the basis of non-consummation, ADULTERY or annulment by NRI ?
The dissolution of marriage on the basis of non consummation of marriage has to be due to the impotency of the respondent i.e. if the wife of NRI is impotent which the NRI have to prove it by medical evidence if she is contesting the petition for annulment, the proof of her relationship with other man will only be secondary in nature & if there exist actual sexual relationship outside marriage of your wife than this can be made a ground for divorce not annulment.
WHY FIR QUASH instead of Anticipatory Bail for NRI's ?
Because, immediately after applying for anticipatory bail, the police will start searching & may also apply to the court for NBW (Non-Bailable Warrant) against the accused who are in USA or other countries.
What is the harm in Appplying A.B. by NRI's ?
It is because to get bail, NRI might have to come to India if the court orders his personal appearance otherwise it will be termed as if the NRI not obeying the court orders. Hence, the NRI has to either get A.B. or surrender to lower court to get bail, so QUASH FOR NRI .is best suggested here
TYPES OF QUASH
Two most famous types of quash are there viz.,
(A) FIR QUASH
(B) CHARGESHEET QUASH
FIR QUASH
It can be done any time after FIR is lodged.
CHARGE SHEET QUASH
It can be done any time after Charge Sheet is filed in the lower court. But it is preferable to be filed/ applied immediately after chargesheet is filed by the police so that the police does not get a chance to apply for bail cancellation of NRI.
Can we do something equivalent to quash in the lower court ?
There is nothing equivalent to quash in lower court but there is an alternate option which can help the NRI procastinate the charge sheet even after filing of the chargesheet. This is known as returning of the chargesheet by the accused vide an application to the court citing some lacunaes in the chargesheet.
What is Lacunae in the chargesheet ?
Lacunae means something wrong, something missing or some loophole or some incomplete/ wrong information recorded in investigation or sometimes a totally false investigation or no investigation at all conducted by the police. This is called lacunae.
How can We catch the lacunae for NRI?
Chargesheet (C.S.) mostly have the lacunae. CS should NOT be a copy paste of FIR in your case & further they must follow a set procedure.
Further, there is 90 days time limiation to file CS.
You need to work on this 90 days via pressure tactics using RTI in the form of guidelines, standard practices, rules, laws, judgments, standing orders & the link.
Once you are out of this 90 days time limitation & your 13 RTI's are in place then you get many points in hand to return the CS in the name of lacunaes in the CS when the police will come to the court for your BAIL CANCELLATION.
Is it necessary for NRI to come to India ?
Can court case be fought party-in-person without coming to India ?
Can I give Power of Attorney (POA) to my relative ?
What is the best way to fight false court case by NRI ?
To get answer for all these questions, it is suggested that you kindly book a phonic appointment (consultation on the phone) with Hon'ble Atur Chatur by paying him the consultation fees.
Please visit:- ATUR CHATUR
Quash on the basis of non-consummation, ADULTERY or annulment by NRI ?
The dissolution of marriage on the basis of non consummation of marriage has to be due to the impotency of the respondent i.e. if the wife of NRI is impotent which the NRI have to prove it by medical evidence if she is contesting the petition for annulment, the proof of her relationship with other man will only be secondary in nature & if there exist actual sexual relationship outside marriage of your wife than this can be made a ground for divorce not annulment.
The non-resident
Indians & their relatives trapped in false 498a can take the help of
Hon’ble Atur Chatur Sir by visiting www.aturchatur.com or email aturchatur@yahoo.com
NRI can
fight the false court case without coming to India.
NRI can
fight false court case party in person just through representations sent by him
from outside India & pressing the counter cases against the wife sitting
right outside India,
Similarly,
NBW issues, LOC Issues, Passport Issues, Proclaimed Offender/ Look Out Circular
Isues can be fought by his without entering India & that too without the
help of any lawyer or advocate or even vakalatnama & through his POA i.e.,
Power of Attorney to his relatives only & NEVER EVER POA TO ANY ADVOCATE OR
LAWYER.
Counter
cases against wife, against her government employee father in law & other
false witnesses can be done using RTI & direct complaints & that too
through representations & without coming to India.
NOTE:-
Corruption can be fought sitting right outside India. Similarly, false dowry
harassment complaints, false domestic violence complaints & false
maintenance complaints or litigations can be fought using Perjury u/s 340 &
many other representations directly to those authorities which matters the
most.
Hon’ble Atur
Chatur Sir can be contacted at www.aturchatur.com or www.fightfalse498a.blogspot.com
for further details & consulting can be booked with him for consulting over
the phone the entire matter before proceeding further. To book an appointment
with Atur Chatur kindly click here
Mahatma Gandhi said,
"IF YOU DON'T ASK, YOU DON'T GET"
Atur Chatur says,
"WHAT YOU WILL ASK, THAT YOU WILL GET"
Hope this will help
you guys....................all the best
Issued in Public Interest
by ATUR CHATUR COUNSELLING *
शादी से पहले और शादी के बाद
ATUR CHATUR को रखना याद
ATUR CHATUR को रखना याद
Email:- aturchatur@yahoo.com
