Ajs (Service) 08 January 2025

In 498a case witness is not coming to court

Hi,

498a case filed against me by ex in 2013 and till 2022, it was stayed by high court in up. After that regular hearing started but till now one is coming for witness from complainant side every time they are submitting application for adjurment , my advocate is pressing objection against adjurment.

is there any way to close this case else it will go on like this for next 20 yrs.

she is remarried and I am also, but 498a is still alive.

thanks

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6 Replies

T. Kalaiselvan, Advocate (Advocate) 08 January 2025

You can file a petition before high court seeking direction to trial court for an expeditious disposal of the long pending case.

2 Like

Ajs (Service) 08 January 2025

Yes, my advocate junior was also suggesting same.thank you sir.you are always there to help.

i was thinking to see, is there any other option except going to HC because high court lawyer is asking lot of money.

regards

Dr. J C Vashista (Advocate ) 08 January 2025

As you stated the status of complainant (your wife) is "ex" it implies that you have already got divorce, isn't it ? If so, was the pending case u/s 498A IPC not included and quashed in /after the divorce proceeding?

Ajs (Service) 08 January 2025

No, it is not quashed. we got divorced as per Muslim in 2013 but case is still running.

Dr. J C Vashista (Advocate ) 09 January 2025

At the time of grant of divorce (under either of the personal laws) all pending case(s) are considered, metioned and further action is spelled out in the judgement.

Share your (particular) problem with your lawyer who is well aware about facts and circumstances of the case.