jack (nothing) 09 July 2016

How to bring Witness to 498A court

Dear Experts, i have 498A case on me and my family (A1 to A7).A6 is my elder sister daughter who is aged around 21 and doing her job staying at hostel in HYD. During police investigation they recorded the same in charge sheet . hostel owners are husband & wife. but police taken 161 statement from hostel owner wife as PW8, that A6 was stayed in their hostel during that period. In 498A complainant my wife implicated that A6 also staying with us and there is illegal relationship with A6 on her husband and harassed for additional dowry also. HYD to court place is around 700 km. Now trail started PW8 is not ready to come that long due to her personal issues but she ready to come with in HYD.I need below question answers from you 1) is court consider her husband witness if he comes? 2) is there any other way we can record PW8 statment in HYD and submit in the case where 498A case is running? 3) Can hostel owner send any representatives to the court with record? will court accept this? Thanks

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3 Replies

jack (nothing) 13 July 2016

Dear experts, it is urgent question can some one answer me.

Pawan S (Advocate) 13 July 2016

1. No

The warrant will be issued against the witness, when the witness fails to appear in the court despite service of the summons without a valid reason. The court may reissue the summons to call the witness. But it entirely depends on the discretion of the court.

If a witness fails to appear in the court after repeated notices, then the tribunal will issue warrants against the witness.Through this warrant of arrest, the witness is compelled to give the evidence.

In your case, the witness is a woman. So in general, the tribunal will resist to take such action at this stage. The reason for the failure to attend in the court from the side of the witness seems not convincing. The court will give ample time to the witness before issuing warrants.

3. No