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NM (j)     24 July 2017

Wife not attending court dates

My wife has filed a false 498a and chagesheet has also been filed. But despite court issuing bail able warrants she is not coming to the court from the last 3 years. What should I do now, to make her attend the court?


 13 Replies

Ms. Usha Hegde (CEO)     24 July 2017

You locate her.  Take a auto.   Take her along with you.  Go to court.

HIRAL THAKKAR (ADVOCATE )     24 July 2017

Your wife has filed complaint and if she is not attending then file an application for dismissal of complaint for want of prosecution


NM (j)     24 July 2017

HIRAL THAKKAR JI, as suggested by you the application will be written under some CrPC section or just any simple application?

Siddharth Srivastava (Advocate)     24 July 2017

Why are you so concern? Request the court for dismissal of the case on the ground of her non appearance. 

Susen Nath   24 July 2017

Tell ur judge for warrant to her.

NM (j)     24 July 2017

i have repeatedly told the judge about the absentee wife but nothing has happened. Moreover this is a 498a case, question of ex-party doesn't arises.

A walk alone (-)     24 July 2017

Why are you worried? You should also stop attend court( make excuses) . after two years of desertion file divorce. Once you get divorce move forward in life.

Arjun Kohli   24 July 2017

As advised above, file an application for dismissal of the case, specifically pointing out the malicious intent of your wife which clearly manifests in her long running absence from a case filed by herself.

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     25 July 2017

The application lies under S.256 of cr.p.c. for discharge of the accused for non-prosecution of the case by complainant. You should move this application and if the judge dismisses your application then approach sessions court / high court, whichever may be convenient to you. You should not be harassed date after date even when the complainant is not appearing.

NM (j)     26 July 2017

Section 256 in CRPC, Non- appearance or death of complainant. Will this be applicable in 498a also? What about If the summons has "NOT" been issued on complaint, but the court has written about the appearance of the the complainant only on the daily-order-sheet without issuing summon?

Ms. Usha Hegde (CEO)     26 July 2017

Jitna bolagya he utna kar, zyada socho mat.  You have been given correct advice.

NM (j)     26 July 2017

Ok, Crpc Section 256 will be perfect then.........

NM (j)     31 July 2017

As per the latest SC judgement dt 27.07.17, Can DV and 498a cases be clubbed together?

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