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Black wind (manager)     02 June 2009

After filling 498A wife is not coming for statement of witne

Please solve my problem

wife is not coming in the court since starting(almost 3-years)  for statment , A  Bailable

summon is also issued by the court but wife hiding her herself, not able to findout her address. She gave her parental address but parent refused to take bailable warrent of her's 

And she is attanding her Divorce case regularly in the family court.

wife using all means to avoid Bailable warrent of in 498A case to appear in the court coz its

a false and fabricated case.

She only want divorce on false ground.

what to do for queshing of 498-A

 



Learning

 6 Replies

mohansreddy (Advocate)     03 June 2009

Take the assistance of police and serve the bailable warrant when the wife appears before family court or else submit to the presiding officer of the family court by filing a memo direct -ing her stating a bailable warrant is pending and she has to appear on the next date of hearing. such memos are usually entertained and suitable action will be taken.

you can submit to the learned magistrate to discharge her evidence since she is not appearing to the court even after affording several opportunities.

Jeetendra singh (Advocate)     03 June 2009

you should pursue NBW for your wife if than she not appear before court you can try for property attachment under 83 crpc.

Prakash Yedhula (Lawyer)     03 June 2009

You can take a chance by filing a petition under section 482 in High Court, seeking quashing of prosecution on this ground 

Black wind (manager)     03 June 2009

 Thank you to all the honorable  lawyers for the suggestion.

 

V.S.R.Deekshitulu (B.Sc, B.L)     05 June 2009

Why not this suggestion

When the wife is avoiding the Criminal court, You can request the court to close her evidence and continue with other evidence, so as to expidite the progress of the case.  When the complainant is not attending the court to give evidence the court can always close her evidence and go on with the further trial.

The warrant can be gkot execued when the wife appears before the Family court or by bringing it to the notice of the Family court.

 

Black wind (manager)     05 June 2009

 The problem is when we request family court the judge says "Hum kya kare Nahi court main jaa

rahi hai to" this shows the indian judicary system. A DJ is supporting the malise intention of an

petitionor. 


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