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Avantika (Non Working)     05 June 2013

Section 498 a- husband not taking summons

I was married in Noida in 2010 and approx 6 months after that my husband and my in laws started harrasing me and worse. We had filed the case under section 125 after visiting National Commission for Women in Delhi and my husband/ in laws were summoned. The case of 498 A was filed in January this year. There have been multiple summons to them but they are returning the summons everythime with the startement that the house was locked. So, due to this, actual hearing could not be started as my husband and my in laws do not appear in court. The case was sent in March for mediation by the court and they were summoned by letter and also by phone to which they informed the mediator on the 3rd hearing, that they will not come as they have not received any summons. It was during the second hearing at the mediation where they were called and on their request 3rd date was given.

 

But till now nothing has happened and FIR has already been lodged as well (this year only). I spoke to the mahila cell and they informed that they cannot arrest the culprits as per order of the Hon. Supreme Court. If this is true, then how can we get my husband/ in laws to the court for the hearing and how will things proceed now.

We have ample proofs which clearly states that in Section 9 which my husband filed is false. But the main problem is they are not accepting any summons and hence not appearing for the hearing, due to which Hon. Judge is giving dates from past 3 times.



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 56 Replies

Manoj Kumar Jain (abc)     05 June 2013

498A is a non bailable offence. Police can arrest after FIR. After arrest accused get bail. After bail accused bound to attend every hearing, failing attending hearing in court bail get rejected. 

Avantika (Non Working)     05 June 2013

Thanks Mr Manoj.

I spoke with the incharge of Mahila Cell and she informed that now the arrests cannot be done in 498 A as per order of Supreme Court? Is it true?

Also, my husband lives in Gandhinagar, Gujarat and the inspector looking at my case said that they cannot make the arrests but pressurize them the appear in court. He spoke with my husband/ in laws and their lawyer and everythime they tell him that they are coming next week and they do not come. They make an excuse everytime and the inspector says that he cannot do anything in this other than filing a chargesheet. But, I have heard that in this case police can make the arrest because they are fooling the police everytime. And filing a chargesheet means that the case will be sub judised in Court and like every other time, they will not take summon and it will go no where.

Please suggest:


1. On what grounds arresting can be done?

2. How can make them accept the summons?

3. How it will be possible to have them come to 1st hearing? As I believe that once they come for 1st hearing, they have to appear for every hearing.

4. What will eventually happen as it is just taking time and going no where.

 


 

stanley (Freedom)     05 June 2013

Can you clarify case is filed in Delhi or in Gujarat .

There are various means to send the summons RPAD/thru the police / or it can be sent to his place of work 

Most probally husband has changed residence hence everytime the summons is served it is stated that the house is locked :-) 

It looks like your husband is a infuential person and is managing the police .

Where the person summoned cannot be found, by the exercise of due diligence, be found, the summons may be served by leaving one of the duplicates for him with some adult male member of his family residing with him, and the person with whom the summons is so left shall, if so required by the serving officer, sign a receipt on the back of the other duplicate.
It should be noted that a servant is not a member of the family within the meaning of this section.

If service cannot by the exercise of due diligence be effected as mentioned above, the serving officer shall affix one of the duplicates of the summons to some conspicuous part of the house or homestead in which the person summoned ordinarily resides; and thereupon the Court, after making such inquiries as it thinks fit, may either declare that the summons has been duly served 

Now may we ask you why do you want to have him arrested as he yet has to face a trial ??

You have already filed 498 A now you have to prove the allegations what you have levied in the court of law in order to convict him of the crime ??

498 A takes around 5-7 yrs to decide right now you are panicking just on them not appearing in the court :D

Manoj Kumar Jain (abc)     05 June 2013

No Supreme court rulling /order to avoiding arresting in the case of 498A yet. Police can arrests without warrant because 498A is cognizable offence. It's totally discretion of Police. Police have sweeping power in the case of cognizable offence. If your husband is not taking summon then ask the court to issue warrant.


(Guest)

Summons issue to come to court.


Not recieving summons, next tom tom, still not recieving summons..


Warrant issue.. next NBW..

if get caught at the address which you have provided in the case, then direct jail, and no bail also.

Avantika (Non Working)     05 June 2013

The case is filed in Delhi as it is my maternal house and the marriage was done in Delhi itself. (But the marriage is registered in Gujarat). My husband has also mentioned in RCR that the marriage was commenced in Gujarat, which is totally false.


The summons have been sent through Court. When we filed DV and 498 A, the police said that they will go and deliver the summon in person (We all know what happens and they sent it by registered post).

My husband and his parents live together in the same house and have not changed it as the neighbours are in our contact regularly. When the person from court visits there, they just pay him and he writes that the house is locked.

They say that they know the commissioner and we also assume that he might be using his power to stop the police. But I don't think so that the police commissioner(he is now director of police housing) will intervene in Courts' work as it is out of his juridstiction. But we never know. If we say that he is using the power, so for how long can they ignore the summons and can't we do anything?

There is no servant in the family. My mother in law is a housewife and she stays at home always. Police calls them everytime and ask them to appear and they say that they will come next week, next week and they never come.

As per 498 A, it is a non bailable offence and it is the only way which will force them to appear in court and contest the case as we have enough proofs and evidences even from my husband's family which should rule in our favour.

My lawyer has sent them the notice for 406 (StreeDhan) to which they readily accepted on the 1st time but not others.

The case can be contested if my husband comes to court and face the trial. But he is not doing so.

I also want to know that if I can file for divorce as I have threat for my life if I go back to him, I am sure that they will kill me.


(Guest)

When hearts are broken, what's the use of filing 498a, these ppl are not taking summons, and even if they happen to appear in court someday, the case will run for years together.


Instead of all this, if you are looking for money, ask money, give him MCD, part ways peacefully.


Or else you will waste time, money, energy like anything and will be left with a lot of grey hair, that's all.

1 Like

stanley (Freedom)     05 June 2013

Originally posted by : Helping Hand !

When hearts are broken, what's the use of filing 498a, these ppl are not taking summons, and even if they happen to appear in court someday, the case will run for years together.




Instead of all this, if you are looking for money, ask money, give him MCD, part ways peacefully.




Or else you will waste time, money, energy like anything and will be left with a lot of grey hair, that's all.

Apart from the hair greying out you will not have peace of mind as these cases run for about 5-7 years . Than diease catches up with you like blood pressure , diabities etc and what not . 

Avantika (Non Working)     05 June 2013

Thanks Helping hand. If we file for MCD (I believe it is Mutual Consent for Divorce) and if they are not ready to pay the money, then?

Because my father and brother has spent almost all his life savings in the marriage which includes 12 Lakhs cash and stay for the entire guests from gujarat in 4 Star Hotel for 3 days (30 rooms) and around 10 laks were spent in venue, food and gold for the famly, like chain and ring for both father and son, 5 pieces gold sets(necklace, earings, bangles) for mother in law and sister in law. They are still paying personal loan EMI for 5 Lakhs which they took for my marriage.

I just want them to return the money invested in marriage so that I can start my life again and can come out of this mess peacefully so that my family will not suffer for wrong doings of other.


(Guest)

If you put so many cases, why would your husband appear in court?


he would jolly well avoid taking summons, plan as to never get caught, lead life somewhere else.


You will simply keep roaming to court halls without end as if they will give you some award for roaming to courts.


But I fail to understand who asked you to file so many cases against your husband?


You clearly seem to have a criminal mind, as all your intentions are only of getting your husband arrested.



(Guest)
Originally posted by : Avantika


Thanks Helping hand. If we file for MCD (I believe it is Mutual Consent for Divorce) and if they are not ready to pay the money, then?

Because my father and brother has spent almost all his life savings in the marriage which includes 12 Lakhs cash and stay for the entire guests from gujarat in 4 Star Hotel for 3 days (30 rooms) and around 10 laks were spent in venue, food and gold for the famly, like chain and ring for both father and son, 5 pieces gold sets(necklace, earings, bangles) for mother in law and sister in law. They are still paying personal loan EMI for 5 Lakhs which they took for my marriage.

MARRIAGE DOES NOT COME WITH A LIFETIME GAURANTEE!


I just want them to return the money invested in marriage so that I can start my life again and can come out of this mess peacefully so that my family will not suffer for wrong doings of other.

approach is wrong.


You should have taken help of mediators [the ppl who showed you this boy].

 

If they did not agree for MCD, or parting with money spent on marriage, then you could have taken this step of filing these cases.


Now there are two chances, they might appear in court, and fight it out.  If they do, both of you will lose precious time.


Secondly, if you have filed a false case against your husband, if it is proved, then you will be in a fix, will have to face prejury and you geting behind bars are also evident, according to last week's SC judgment.


Thirdly, if they file for divorce based on mental cruelty, due to false cases, then divorce is gauranteed and you wont get a single penny.


Even now, take help of mediators, ask them to pay marriage expenditure, dont be very greedy.  They will surely agree for MCD, part ways peacefully.


1 Like

Avantika (Non Working)     05 June 2013

Our lawyer asked us to put the cases as I told him that I need divorce and the other party wants to get over for free. So he asked to put DV, 498 A, 125, 406 etc so that the pressure is built on it and he is ready for MCD. We do not know about it and on the suggestion of one of the top lawyers, who is contesting our case, we are proceeding as he has suggested.

So, you mean to say that nothing will happen if he do not take the summons? He and his father both have govt jobs and the police is in constant touch with them. They tell the police evrytime that they are coming in next week and then in next 2-3 days and so on.

I do not have a criminal mind. It is just that I want him to be punished for the tortures he has given to me for past 2 years and leave me by paying the money which my family has spent in marriage. Thats All. I don't want anything else.

You still haven't answered my initial question that if MCD is filed and he is not ready to pay, then?

Avantika (Non Working)     05 June 2013

We had placed the ad in the newspaper and it was fixed, there were no mediators.

We want them to come to court and fight the case as we have done nothing wrong. I am again reiterating that I have proofs from Women Commission where we were called for mediation and he refused to cooperate and even threatned the Chairman of Commission that he know the Commissioner and she also can do nothing of him. We have this proof and other proofs which shows his real face.

We had tried all the possible causes of mediation and even court has sent the case to their mediators and they told the mediator that they do not want mediation and have not got any summon. When the mediator lawyer called them they asked for specific date and on that date, they said that they are not coming as they have not got any summon and the mediation failed.

So, it is not me who is with a criminal mind but my husband and in laws.

I am fighting my case based on truth and facts. They are the one who are dodging the law and no one is able to help us.


(Guest)

He is a government servant and so is his father,so he has got lots to lose if convicted for he`ll lose his job.

Approach the court for arrest warrant or get some confirmation by sending courier/package and get signature to show that they are still living in the same house.

How much is your demand?


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