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Presence again before lower court in 498a case

(Querist) 16 July 2018 This query is : Resolved 
Dear Sir(s),

The wife who has filed petition before the lower court imposing complaint that husband is not paying arear amount therefore bail is to be cancelled. The Husband is paying 12000 pm as per order of family court and wife is withdrawing such amount. As sum of amount is arrear from back more than one year due to jobless of husband but husband is paying monthly from last two years. Now the wife filed petition to create pressure on husband to appear before the court. The husband appeared before the court as per order of lower court. The judge gave pressure upon the husband to settle the case and live together with children. Husband said that the wife had implicated all family members in false case and it would be very dangerous at this time to live together. The Lower court gave 15 days time to think for settlement. The husband did not appear due to health problem in second time. The lower court again give another date in august, 2018 for physical presence of husband.

As now queries are that :-

1. It is mandatory to make presence physically of the husband again before lower court as the husband is in seek due to several deasesas?

2. can husband file petition before the session court against the order of lower court for ordering of physically presence of husband as the notice was already issued to wife & witness of the case u/s498a ?

3. It is appeared that Wife side is taking time for delay in justice . As the husband filed petition to start witness and judge issued summon upon witness to execute the case speedily?

kindly advice what to be taken care by husband against the order of lower again and again for phyisically presence of husband as the husband is residing out of state and facing hige problem for travelling .

kindly share your expert view .


Dr J C Vashista (Expert) 17 July 2018
Is it a family Court or magistrate Court ?
You have been contesting the case(s) for such a long time through "some" lawyer, what is his/ her opinion/ advise as s/he is well aware about the facts and circumstances of the case. Have faith in your lawyer and discuss the issues involve therein.
It is always better to reconcile and settle family matters amicably and abondon ego problem.
sunderam s (Querist) 18 July 2018
Dear Sir,

This is Magistrate court of hearing of case u/s 498A. Family court is not taking any such action.


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