Uma Maheswara (consultant) 04 January 2013

498a trail not yet started after chargesheet filed

Dear experts,

I and my wife families are from Andhra Pradesh. As my wife is residing in Rayagada, she has filed a false 498A case in Rayagada in july 2010 and Divorce/maintenance case in Visakhapatnam in Sept 2010. The chargesheet has been filed in the 498A case in Oct 2011 but till now the trail has not started,

1. Can you please let me know if there is a time limit for trail to start after the chargesheet is filed?

2. How to proceed/request for trail to get started in the 498A case? In Rayagada, the 498A case earlier it is being posted for every 1 month but now the case is being posted for 2-3months gap, how to get it done earlier? Is there any way to get the trail started at the earliest, please advice.

3. Cross examination of my wife happend in the Divorce/maintenance, can this be used as evidence in the 498A case?

4. How to get the case transferred from Rayagada to Viskhapatnam as we are facing problem with Oriya? whom to approach?

Regards,

Mahesh

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2 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 05 January 2013

1. No.

2. Get exemption under section 205 of Criminal Procedure code till the charge-sheet is filed so you should not to worry about the time of filing the charge-sheet.

3. Yes, if you summon that record during your defence evidence.

4. Supreme Court can do this if the matter pertsains to two different states but generally the facilitation of wife is taken into consideration.

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Uma Maheswara (consultant) 05 January 2013

Dear Raj,

Thanks for the reply.

Section 205Cr.P.C is only for excemption from personal appearance in court. And in my 498A case the chargesheet has been filed but the trail has not yet started from last one year.

1. How to expediate the case? Is there any way where we can expediate the case like approaching for fast track court, high court etc?

2. Also the facts that are stated in the 498A varies with the divorce/maintenance case petitions filed, what action can be taken in this matter?

Please Advice.

Thanks

Mahesh