Jeevan (Finance) 01 July 2014

498a - court to give final chance for evidence - next steps?

Today was my hearing for 498a, as expected my x-wife didn't appear in the court, nor other witnesses including police. We have submitted memo for the fast trial to the same court and judge gave next date in this month itself with comment that it will be the last chance for her to give evidence, else court will go for other witnesses or maybe close the case.

What's your opinion?

1) what could happen in next hearing if no one again appears. Do you think judge can dismiss the case or will it move to partially heard case? what are implications in either case

2) Do you think I should move to HC for speedy trial since honorable judge in local court already said that this will be her last chance to give evidence?

Many thanks

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4 Replies

Laxmi Kant Joshi (Advocate ) 01 July 2014

This will repeat again in the next hearing also and the court will give her again a last chance, therefore be ready for pressurising the court to dismiss the case as she had given sufficient time to depose her evidence but she had failed in doing so hence it should be presumed that she don't want to continue the case hence the case may be declare dismissed on the absence of your wife during the hearings in the court .

Jeevan (Finance) 03 July 2014

That's would be sad, are you saying despite of honorable judge mentioning it as a last chance, won't he honor his words?

Sreenivas V (S/W) 06 July 2014

It depends but most cases it happens and this time ur wife may come to court with some new story and these will repeat like this until she got exhausted

Sreenivas V (S/W) 06 July 2014

It depends but most cases it happens and this time ur wife may come to court with some new story and these will repeat like this until she got exhausted