498a complaint not coming to court

R Shreeniwas (Querist) 13 January 2016 This query is : Resolved
Hi Experts,

In my 498a case, It's one year now - charges has been frames, but wife is not coming to court dates. Also she has not submitted Chief affidavit till now.

So can you please guide me what i should be doing next ??

1. Can i apply for dismissal of case as she is not attending court proceedings?

2. How I (respondent) can ask opposite party to submit chief affidavit through application?

Kindly help.

Thanks,

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rajagopal.s (Expert) 13 January 2016
Hi
You can ask your advocate to request the court to consider the fact that your wife has not been attending the court and hence pray for quashing of petition. Normally the courts will send summons/notice to your wife asking her to be present in the court for recording of evidence failing which the complaint will be quashed.

Devajyoti Barman (Expert) 14 January 2016
1. Case is not dismissed due to her non attendance for few dates. Only during her evidence stage her presence is required. if that stage has come then ask for issuance of W/A against her. If her whereabouts is not known then her evidence may be expunged.
2. There is no provision for affidavit in chief in criminal trial.

P. Venu (Expert) 14 January 2016
It is not necessary that she should attend the court unless summoned for evidence. She is not required to give Chief Affidavit as well.

You might already have been given the copy of her complaint with the charge sheet; if not, obtain from your advocate..