498a - she is not attending

Querist : Anonymous (Querist) 21 December 2011 This query is : Resolved
Dear Experts,
since last 2½ years 498a case is running in lower court and judge is giving next dates to come. But no progress. Charges are not yet framed. My lawyer said it will take longer time may be another 6 months to frame the charges.
She never appeared in 498a court since day 1.

My question is;
1. In this circumstances what I am supposed to do to make her appear in chourt?
2. What are the options to get expartee against her?
3. Is there any speedy process to close 498a?

thanks in advance

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Sudhir Kumar, Advocate (Expert) 21 December 2011
she is complainant and she will need to come only when she is rreuired for evidence. You can do nothing to secure her presence n each date. You are accused on bail not she.

Devajyoti Barman (Expert) 21 December 2011
1,2&3. There is no option of ex parte hearing of the case.
For her continued absence in deposing you can pray for issuance of warrant of arrest against her.
But before that charges needs to be framed and if all the accused persons are present the court is bound to frame charge.

Raj Kumar Makkad (Expert) 21 December 2011
1. You have nothing to do to secure the presence of your wife rather you are required to secure the presence of your lawyer as charge framing cannot take such long period if the charge-sheet has been filed in the court.

2. This is not a civil case wherein the law of ex-parte prevails. In criminal case, this is already ex-parte means you solely have to suffer being accused. Whenever your wife shall be summonned for the purpose of her evidence, she shall come and shall depose her evidence in your presence.

3. I think your lawyer is delaying your case. He might be of the opinion to argue on charge and might be taking adjournments for this purpose if the challan has been filed in the court.

You tel your counsel not to argue on charge and let the charge be framed so that evidence may come within a short period and accordingly trial may go ahead.

Shailesh Kr. Shah (Expert) 22 December 2011
agree with views of Mr.Barman and Mr.Makkad.

Querist : Anonymous (Querist) 22 December 2011
Thanks to all Experts.

I spoken to my counsel not to argue on charge and let the charge be framed. He replied that he is trying to discharge 498a becuase CS submitted already.

My question is;
1. Is he guiding me right?
2. What is normal time to get discharge from 498a?

Please note that in another case of domestic violence charges were similar as of 498a CS and she did not prof all.

thanks in advance

Shonee Kapoor (Expert) 23 December 2011
Whether to argue on charge or not is a decision which can be taken after studying CS.

There are no fixed time, it would depend upon the pendency in the said court.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

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