NM (j) 17 April 2018

Wife not attending court in 498a.

My wife is not giving her statement/witnesses and not attending the cout in 498a from the last 2 years. Under which Crpc section or etc should I use to write a application so as to compel her to attend the court and submit her statement?

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11 Replies

Vijay Raj Mahajan (Advocate) 17 April 2018

Move High Court for quashing FIR and court proceeding in the S 498A IPC. The wife being the main complainant on who's complaint FIR was registered by Police and if she's not appearing for recording her evidence in the court, there's hardly anything left in the criminal compliant for prosecution to continue the court proceedings and hence quashing should be prayed in the High Court.

NM (j) 17 April 2018

Thanks, but I don't want to go HC. Please tell the Crpc section under which she will be forced to record her evidence

NM (j) 17 April 2018

Thanks, but I don't want to go HC. Please tell the Crpc section under which she will be forced to record her evidence

(Guest)

HC wont intervene. HC will first ask any settlement? Better to get sorted out matter in lower court itself. Until trial is over, no use approaching any court.

NM (j) 18 April 2018

Anyone who knows the relevant section in Crpc under which I write the trail court to summon her and give her evidence?

Shekhar (Proprietor) 25 April 2018

@NM, highlight to court about her conduct of not attending the court, and ask for dismissal of the case. Court will issue NBW for her. I have made this twice.

NM (j) 26 April 2018

I have verbally told this many a times to court but no result. Now I want to file an application by highlighting her conduct. Do you know the Crpc section under which I pray for closure of her evidence.....?

NM (j) 26 April 2018

Can Crpc 309(1) be referred?

Online.498a.DV.Act.Crusader 26 April 2018

When you can file a application seeking dismissal of the main complaint why you want to drag the case further by quoting 309 CRPC? There is some problem with your head or else who will ask section number to only drag the case some more? You are stating that petitioner not present since many dates. Then why are you not asking dismissal of complaint? I find it strange when people like you use something which is not existent.

NM (j) 26 April 2018

There are a number of suggestions coming. Crpc 309 is one of them. Moreover, I am not an expert in law. Only learning from you people... So as per yours view I will not quote any Crpc section, but will pray only for dismissal?

NM (j) 02 May 2018

Online.498a.DV.Act.Crusader I am very much thankful for your STRICT COMMENTS. After 2 years of delay, I wrote an ordinary application for closure of her evidence as suggested by you. The court has almost done it. Thanks again for suggesting "not to write 309(1) or any other sections".