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Non co-operation by wife & her family.

(Querist) 04 May 2013 This query is : Resolved 
Dear Experts:

I sincerely Thank You all for your Valuable Advices, Suggestions & Opinions.

I had discussed in earlier query about 'Defamation Case'.

Firstly, I would like to genuinely apologise if my attitude or language has been found offensive in my earlier query/ies. With all my respects to Experts I would like to bring forward the following:

I had visited my Lawyer at Court since we have a hearing next week and we are going out of town, so went to meet our Lawyer to take his leave & sign application of leave.

Just yesterday, I had put up a Query for Defamation Case & today it was pure coincidence that we came across the Lawyer of Opposite Party, he had come to court for another case.

Our Lawyer asked him why his Client (Wife) is not coming to Court to attend 498A hearing? and simultaneously requested him to ask his clients to co-operate in 498A. He (Opposite Party Lawyer) with a smile on his face said:
"If my client (Wife) comes for hearing and gives her statement in 498A, thereby the husband & his family getting Acquittal, then my Client will be in trouble - It will be considered that my Client had Filed a False Case of 498A. So, I (Opposite Party Lawyer) have told my Clients not to attend Court". Looking towards me he said, "Aapka (Our Lawyer) toh Meter (Fees) Chalu hai naa".
Even a Senior Lawyer who was sitting just besides us suggested the Opposite Party Lawyer that Once the Settlement is done & Divorce Granted, there is No trouble at all for your Client. But, he said "Mujhe bhi Kaayda Kanoon Maalum Hai".
When our Lawyer told him that your Client have signed MoU of Settlement wherein She will co-operate with us in Withdrawing 498A. He (Wife's Lawyer) said "Aap Sach Mein Vakil hi hai naa? Kaun Padhtaa hai MoU"?
Dear Experts - Now What Next? How can we go about it? My Lawyer says we will have to fight it out for Acquittal considering Settlement is not done and Case is going on as per normal procedures.
Sir (Adv. Chandu) & All Respected Lawyers & Experts - Please Advice. After Acquittal, Can we File Defamation Case? Here I am not being Stubborn or am not showing eagerness to file Defamation Case. But, this harrassment compels us to do so.
Adv. Chandrasekhar (Expert) 04 May 2013
Ask your advocate to move an application before the magistrate to discharge the accused on the ground that the material witness/complainant is not appearing in the court despite the summons-for that twice and thrice summons have to go to her and if she will not appear, then only above said application will be sustainable.
R.K Nanda (Expert) 04 May 2013
consult local lawyer.
Devajyoti Barman (Expert) 04 May 2013
query not clear.
Sudhir Kumar, Advocate (Expert) 10 October 2013
so you do not want early closure of case.
Sudhir Kumar, Advocate (Expert) 10 October 2013
http://www.lawyersclubindia.com/experts/Complaint--427231.asp
Ms.Usha Kapoor (Expert) 17 June 2018
I agree with experts.


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