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victim of marriage (Consultant)     22 March 2014

Wife evading court after filing false case

My wife had filed a case against me u/s 506 (2) and 420. Case was absolutely false and all of the incidents she mentioned in FIR and 161 statements her are fictitious. I have enough proofs to show how incidents she mentioned in her complaint never happened or couldn't have happened. Police filed chargesheet around 6 months ago and case started 3 months ago. Charge sheet doesn't have anything other than 4 statements ( one for her and threefrom her family members). Charges were framed on very first hearing and I opted for trial. 

Next date my wife was summoned to give her evidences. But she started evading court and didn't come court even once to give her evidences. I am waiting for her to come court so that I can cross examine her. But she didn't appear on last 3 dates and on each date I went travelling more than 1500 kms.


How long it will go on if she continues evading court? Is there I can call for closure of evidences for her testimony? How many chances she going to get from magistrate for her appearance? Magistrate is already upset with her and told I/O she'll issue warrant if she doesn't appear next date. Is there anything I can do to close matter citing disinterest of complainant in matter? Pls advice.



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 5 Replies

Gautam Kapoor (IT professional Studying Law)     23 March 2014

waited so long - wait till Magistrate issues necessary orders on the next date.This can be taken as the basis for your next steps.On the next date make sure you and your lawyer are present.

victim of marriage (Consultant)     24 March 2014

Thanks Gautam for your encouraging words. Lets see what Magistrate does on next hearing. However, i am looking for if there is any provision that I can use to expedite the process or to put pressure on magistrate to do the same. I have heard unfortunately, case keeps dragging on for long even when complainant is not turning up.

Is there any court judgement or precedence that I can use to expedite things?

victim of marriage (Consultant)     24 March 2014

Thanks Gautam for your encouraging words. Lets see what Magistrate does on next hearing. However, i am looking for if there is any provision that I can use to expedite the process or to put pressure on magistrate to do the same. I have heard unfortunately, case keeps dragging on for long even when complainant is not turning up.

Is there any court judgement or precedence that I can use to expedite things?

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     24 March 2014

you can file a writ petition before HC/SC for speedy trial because speedy trial is a fundamental right as per Constitution of India.

Guru (Partner)     24 March 2014

Next trail you can justify by your  questions to the Magistrate.,With out sufficient documents that lady files the suit.

With out  valid evidence/documents how the suit was taken to the trail????So check once again the evidences nullify the evidences  if it exists by valid legal proofs.


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