(Guest)

Please help me in 498a

in a 498a/34 case the informant / applicant is remain absent for 6 court dates regularly and judge is posing bailable warrant ,10000 rs in event of her arrest each time .in other hand the respondent / Bridegroom party is gettiing trouble financially as they are regularly attending all the dates and paying for their lawyers.the case was registered on 2012 till date it is crawling.she is staying in her parental house from 2012.all the evidence is over except the victim's.she is missing the court dates without taking any step.this 498a case in now in CJM Court.

Matter of fact she has filed a DV case also U/S 12 on 2012 in J.M 1st class court but in that case also she remained absent for 2 year and judge closed the file.

1) how to quash the ongoing 498a/34 case?

2) how to get divorce?

3)can i file countercase against her?

please give me some suggestion to get relief from this problem i am respondent's sister,we are bankrupt.

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6 Replies

venkatachennaiah vallem (MD) 11 September 2015

Its better to consilt a lawyer he will guide you in a proper way......

SAINATH DEVALLA (LEGAL CONSULTANT) 11 September 2015

An application can be filed for speedy trial with the concerned court as the complainant wife is abstaining since 2 yrs from attending, which is the constitutional right of the accused. The court will surely consider ur application.

Vishwanadham Tademeti 11 September 2015

Please file objections regarding her wilful absence for the adjournments, citing the reference of the DV case. All the common accused under section 34 with should raise objections regarding the evidence of the victim as she is wilfully abstaining from attendance. It is not mentioned whether any witnesses for examined in Chief. However it clear that she is intentionally playing with you under the coveer of legal loop holes. Bring forth the DV case and your argument should be pointing towards the lapses of the so called victim. Also file separate petetion under Section 10 of the Hindu Marriage Act for judicial separation stating the period she is away from the Groom's home and ask for grant of divorce under Section 13 as she wilfully has withdrawn from co habitation with the Groom and cruelty. Or else file a petetion for Restitution of conjugal rights under Section 9. File one petetion after other so that the victim shall definitely come for compromise at your terms. These petetions will not cost much but will definitely help you. Dont get depressed. Allthe best. Vishwanadham Tademeti

(Guest)

thank u all @Vishwanadham Tademeti specially ..fr ur reply

T. Kalaiselvan, Advocate (Advocate) 19 September 2015

I agree to the views of few experts here especially to that of Mr. Viswanatham

ABHI_POST_DIVORCE-498A (ADMINISTRATIVE OFFICER) 01 October 2015

1. bring speedy trial order of 3 months(if possible) or 6 months.

2. don't file any counter case until unless you get aquital in these cases and subsequently after the date of aquital wait for 3 months(period of appeal in high court) and then file any counter case you are willing to file viz. defamation, 511, 120A, etc.