Uma Maheswara (consultant) 19 November 2013

498a case wife not attending

Hi,

I am residing in Visakhapatnam, Andhra Pradesh. I got married in May2009 and my wife left the house without intimating me in Nov 2009 later in May2010 she filed 498A case in district court of Rayagada, Orissa on myself and my parents, later after 3months she filed Divorce and Maintenance petitions in Visakhapatnam, Andhra Pradesh.

In the 498a case at Rayagada, Orissa till now she has not attended the court. The judge has passed summons 4 times till now but she or her family had not accepted them and they had not attended the court till now, while I and my parents are attending the Rayagada Court travelling all the way from Visakhapatnam. I request you to kindly provide me suggestions on the following points

Can we request the court to issue Non Bialable arrest warrant to my wife for not attending the court? Pleas suggest.
Can we avoid attending the court till the petitioner attends the court?
Can we request the court to dismiss the case as the petitioner is not attending the court?
Can we file for speedy justice under article 226 of The constitution of India? Can it be filed in district court at Rayagada, Orissa or it should be filed in high court of Orissa?
Do we need to file counter in the 498a case?

Thanks

Mahesh

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Laxmi Kant Joshi (Advocate ) 19 November 2013

1. Request the court to dismiss the complaint of the petitioner as she is not attending the court proceeding , it also shows her malafied intention to give mental torture to us as well as monetry loss as we had to travel a lot of distance to attend the court .2. As she is asking for divorce immediately engage a lawyer for your case and go for mutual divorce .

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