498a wife not taking summons

Dear Querist

first of all the court issue summon through SHO if after that she is not ready to appear before the court then court issue bailable warrant and after that Non-bailable warrant.

on the non prosecution you may be discharges by the court.

thnx for the reply sir. but she shifted to new house. so how many times summons are served through SHO ?

Today  in the SHO called her infront of me on her mobile but she said she is out of town and will come after 15 days and will meet SHO. I doubt? . what will happen now?

Abhi,

Rightly advised by Nadeem Qureshi. However, could not digest "their evidence be closed"?? If she filed a case with proper evidence, why she is avoiding???

Anyway, in case of no-show from your wife side, you may be acquitted by the court.

thank u sir for the reply. what i wanted to ask is if summons are not served to her  for first time will court serve them again for 1-2 times and then gives bailable warrant  or immediately gives warrant. what happens if NBW is given? please throw light on the above issue.

i am not getting her new address.  

Summon / BW / NBW these sounds good but time consuming.

Do you think she does this herself ? No, She has been advised from our corrupted judicial system to do so.

I would suggest please appear HC in-person and apply Criminal Writ (Article 227) with all orders and certified copies of FIR, CS and Seizure List.

Please read each of my posts carefully in the following links for sample petitions and other necessary clues.

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

Nadeem Sir

If the wife has filed 498 against husband then summons are issued to the respondent/husband, right ?. I dont know why summons are issued to the wife/complainant instead. Is it mandatory procedure under CRPC to summon the complainant and his presence is mandatory during testimony of the accused ?. 

thanx 

No,  Mr. Cyber lawyer i think there is some confusion, court was sending her summons to give the evidence. And after summons, BW and NBW if she will not come to the court then her evidence will be closed. So Mr. Nadeem is right. 

There may be provision for closure of evidence as said by Nadeem Sir but practically court gives a lot of time for complainant to appear.Court always wants the trial to be completed.I really dont know whether 498A is discharged in her absence.Better option is given by Rocky sir.