Appearance before the lower court for charging in 498a

sunderam s (Querist) 18 April 2017 This query is : Resolved
Dear Sir(s),

I am in very dilemma that the quash petition is lying before the high court of patna in listing for mention before the court.
another side opposite party is so ready to start trial the case for which the date of court is for charge is fixed in the next week. in previous date in the lower court, all the accused (except husband) were present but the lower court given another date to give any order from the high court so that the proceeding for charge can be postponed till disposition of quash petition by the high court.
sir can you suggest that the all accused to be present or another more date may be demanded from the lower court. if all accused are not present then what course of action may be taken by the lower court.
for safe of accused side, what action may be taken against the action of lower court.

kindly suggest what to do?

Another case is that ex party order of maintenance was passed against which husband side file revision but revision order of high court declares to pay all outstanding then family court may hear the case. another condition is for cancelation of bail of husband if not payment is made.

kindly suggest that husband may appear before the lower court in 498a . if husband is present then arrest may be made as warrant was already issued by family court. husband already filed the review petition before the high court which is pending till now.
kindly suggest what to do?

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Dr J C Vashista (Expert) 19 April 2017
1. Being two different queries you should bifurcate them for proper analyses and non-mixing each other.

2. All accused (being on bail) are required to be present before trial court till you may produce the orders from High Court qua quashing of FIR.

3. You may seek exemption from personal appearance of "some/any" of the accused on a particular date/proceedings before trial court.

Query No 2

Complaint case u/s 498A is to be tried by Magistrate wherein husband has to seek/ obtain bail and be present at the time of court proceeding. If unable to be present move application for exemption from personal appearance.

Maintenance case was decided by Sessions/ Family Court or Magistrate which has been assailed by husband and revision petition is pending before High Court?

You have clubbed up many things/facts, it would be better to discuss with a local prudent lawyer.