Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Rajkiran123 (Manager)     01 July 2016

Wife not attending in 498a trial

Dear experts,

My 498a case has started and the current stage is PW1 examination and cross examination. She has not attended for last 5 hearings citing some or other reason and judge keeps on giving dates. Please advise what should be the right steps for me if she continue to avoid the hearings ? How should I get her attend the court?

This is a complete false case just to harass me and my family.


 5 Replies

saravanan s (legal advisor)     01 July 2016

if she doesnt attend you got to be happy about it.the case might get dismissed for want of prosecution

Vidya (ss)     01 July 2016

Mr. Saravanan in such cases how long can judge give dates before dispose... any idea?

can we force judge to give extention after few dates?

SP Singhss (Engineer)     01 July 2016

Rajkiran you can move for dicharge application for you and your family memebrs citing reasons that prosecution is not interested in progressing the case further, you will be discharged

Rajkiran123 (Manager)     02 July 2016

Thanks for all your advises,very helpful. But if court dismisses the case, what actions can I take against wife and in-laws for harassing me by filing false complaint and make me suffer in jail? Can they get away so easily?

Sidharth   02 July 2016

Courts generally don't discharge accused on ground of complainant not interested. Court will issue NBW against your wife

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