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socially backward (Social worker)     14 November 2013

On 498a,need advice!!!

dear all,

my question is-

if a de-facto complainant and her father in a 498a case,IPC,remain absent despite receiving the summons of ACJM cout to testify as witness,will the case be decided ex-parte or the procedure will be closed against the husband?can the court issue NBW to the complainants to enforce their attendance?they had been issued with summons previously with two dates n both the time they didnt appear citing health reasons.

further,if the girl wants to get out of the case against her husband on humanitarian ground seeing him suffer physically n financially ,what procedure she may avail by not jeopardizing  her own interest ?

kindly advise.very urgent.


S D.


 3 Replies

Nadeem Qureshi (Advocate/     15 November 2013

Dear Querist

the court have power to issue BW/NBW as the court think fit against the witness/complainant.

the wife can hostile in this regard at the time of evidence. 

1 Like

socially backward (Social worker)     15 November 2013

can there be out of court settlement in 498a and by something called 'solehnama'(,if i am not spelling wrong)?What is Solehnama and how it can be filed?how to approach the court for that matter during deposition?


Nadeem Qureshi (Advocate/     17 November 2013

sulahnama is only a MOU agreed by parties after execute the MOU file before the court and record the statement. after that the parties can file the quashing petition before the court.

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