My wife is not giving her statement/witnesses and not attending the cout in 498a from the last 2 years.
Under which Crpc section or etc should I use to write a application so as to compel her to attend the court and submit her statement?
Move High Court for quashing FIR and court proceeding in the S 498A IPC. The wife being the main complainant on who's complaint FIR was registered by Police and if she's not appearing for recording her evidence in the court, there's hardly anything left in the criminal compliant for prosecution to continue the court proceedings and hence quashing should be prayed in the High Court.
I have verbally told this many a times to court but no result.
Now I want to file an application by highlighting her conduct. Do you know the Crpc section under which I pray for closure of her evidence.....?
When you can file a application seeking dismissal of the main complaint why you want to drag the case further by quoting 309 CRPC? There is some problem with your head or else who will ask section number to only drag the case some more? You are stating that petitioner not present since many dates. Then why are you not asking dismissal of complaint? I find it strange when people like you use something which is not existent.
There are a number of suggestions coming. Crpc 309 is one of them.
Moreover, I am not an expert in law. Only learning from you people...
So as per yours view I will not quote any Crpc section, but will pray only for dismissal?
I am very much thankful for your STRICT COMMENTS.
After 2 years of delay, I wrote an ordinary application for closure of her evidence as suggested by you. The court has almost done it.
Thanks again for suggesting "not to write 309(1) or any other sections".