ABC XYZ LMN (abc) 25 July 2016

False 498a case-applicant not come to court since 2.5 years

Just after 10 days of my marriage, my wife went to her native home without informing me and didn't turn up till next 3 months. One day after 3 months, all of sudden she come to my home at noon and did lots of misbehavior with my parent and family members. After that she lives in my home for some days and frequently visits her father's home without informing me or my family members for many days. Exact after 6 months of marriage, she filed false 498A case against me and my family members.

We appear in police station and took bail from court. After almost 2.5 Years of filing false 498A case, she didn't turn up to court for a single day. Every time when we have date in court, magistrates saying that we have issue a summons against her to appear in court, but she didn't turn up since long.

Can anyone help me to understand, what next step we can take on her to dispose this case?

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8 Replies

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 25 July 2016

Why dont you ask the magistrate to issue a warrant against her. It is the prosecution that is primarily responsible for enforcing attendance of witnesses and if the p[rosecution agency fails to do so, you may also ask the court to close the right of the prosecution to examine the said witness.

Augustine Chatterjee

Advocate & Solicitor at Law

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Sood 25 July 2016

Was any fir registered against you and your family???if yes ask police for cancellation.... if t s complaint case ask ur lawyer to assist to dismiss the case on default....for further pm me

Mukesh sharma (job ) 25 July 2016

Hi i agree with advice chattraji you need to ask you lawyer to ask to magistrate for issue warrent if she cant appear in court

thanks

P. Venu (Advocate) 26 July 2016

Yes, get warrant issued against her.

NM (j) 26 July 2016

Same is my case, she has filed DV and not coming to court from the last 2 years. Surprisingly Magistrate is saying that they will wait for the witness/evidence from her! What other option I have in my hand, as there is no FIR to be cancelled? Can warrant be issued in DV cases also?

ABC XYZ LMN (abc) 27 July 2016

Yes, there is FIR against me & my family members, so they are saying we can not cancelled this request. I will check for with my lawyer & Magistrate, whether they have issue warrant against her or not? One more question, she & her family members frequently changes their home. I & court don't have theirs latest Residence Address. In such case, if summons or/and warrant will not go to their current residency. How much time this case be opened in court? Thanks in Advance for providing me your valuable input.

Born Fighter (xxx) 29 July 2016

since your wife is absconding , you file divorce case in family court and get exparte order.

Move on and dont wait for such moreons!!!

NM (j) 30 September 2016

Chargsheet has been filed in 498a. But she is not turning up in the court from the last 2 years. What should i do, so that the SUMMONS are issued against her?