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victimof498a125 (self)     05 April 2011

498a wife not attending court

My 498a case is happening for the last 4 years and for the last five hearing my wife is not attending court.judge issued bailable warrant but my wife still not attending court.me and my mother has to travel 500 kilometres every week to attend the court and we are getting dates every week.

can i directly ask the judge to either convict me or acquit me as my mother and myself unable to bear the mental/physical torture of attending the courts every week.

should i ask the judge to issue non bailable warrant against my wife.any advise will be helpful.

i am sure that everyone will agree that i have been fighting the case and am not ready for any kind of compromise.

please advise.

 



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 7 Replies

B.B.R.Goud. ( Faculty)     05 April 2011

during this case pending, is she with u or not? if not, it was more than 2 years of desertation, u contact the district legal service authority to settle the issue outside the court.

victimof498a125 (self)     05 April 2011

thanks bbr goud,

she left matrimonial house in 2005 and filed 498a in jan 2007.i was a novice due to which i dont know what to do.there were mediations by family elders but everything failed.after 498a was filed i was remanded to judicial custody for four days and was released on conditional bail(i had to sign in the police station every saturday).i travelled 500 kms for nine continuous weeks for this purpose and obtained regular bail.

my lawyer sent RCR notice but their lawyer replied that my wife is not willing to join me as she fears for her life and requested for residence and maintenance.

out of five witness in 498a only one appeared and the other four did not appear.off late even my wife has stopped attending courts and a bailable warrant was issued and the judge asked the police to make sure that my wife be present in the next hearing.

the next hearing is 2 days from now. what should i do if she does not appear in the court even now.

i am fed up of this court cases and travelling. my family and society has given up on me.i lost my job and am staying with my friend in a PG.

what is the quickest way out of this rut.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     05 April 2011

U can file an application for speedy trial with the concerned, which is the constitutional right of the accused. The court will surely consider ur application

1 Like

Sarvesh Kumar Sharma Advocate (Advocacy)     05 April 2011

file application............... issue prosses of warrant against the witness /or acquetel the case wants of evidence ............before the court .

1 Like

Arup (UNEMPLOYED)     06 April 2011

try the advice of ms rakhi & mr sarvesh.

Arup (UNEMPLOYED)     06 April 2011

" can i directly ask the judge to either convict me or acquit me as my mother and myself unable to bear the mental/physical torture of attending the courts every week."

 

------       YOUR FEELINGS ARE VERY JUSTIFIED. IT SEEMS THAT THE CASE IS FALSE 498A.

WHEATHER IT IS STATE VS YOU OR A COMPLAINT CASE, IE, YOUR WIFE VS. YOU.

Shaikh Tanveer Nazir (Advocate)     03 May 2011

If your wife not attending the court as a witness,then you may apply to the court and submit bonefidly that she herself not interested in the case. She only just filed the case for harrashing you and your family. And court will in the interest of justice may discharge you. 


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