1. Court has to issue Warrent for same first bailable then non bailable Warrent agaisnt her.
2. It is served through the court by RPAD by court registry or bailiff
3.you can give an application to issue her Warrent .
Wife not giving statement in 498A and not receiving court notices since 2 years
Hi, My marriage took place in Jaipur in 2015. Im from Jaipur and my wife is from Bhopal. After marriage we resided at Delhi for one month and then we relocated to my parents place in Jaipur (lost my job). My wife left me for parents place multiple times and finally in June 16. She put all cases on me and my parents in Feb - Mar 2017 including 498A, 125, DV etc after mediation talks failed. We got AB and then normal bail in 498A. She has already got interim maintenance order which I'm paying. Now she appears on all 125 and DV hearings but does not give statement in 498A as I have solid evidences in my support and all her cases are fabricated. Almost 8-9 hearings have happened in 498A and she does not give her statement to move case forward. Also as per my lawyer, the judge being woman she is not issuing warrant to give her statement in court. Her lawyer told in front of Sec 125 judge that the notice is received by them so they are not coming for evidence. My question is: 1) Can someone just file a false criminal case against you and then not come for statement also? What is the court role in that matter. 2) How notices can be served to my wife and other witnesses to give statement in court? What is the process? 3) Any other advise which I can follow to take case ahead and win the same. Thanks
Asked 6 years ago in Family Law
Religion: Hindu
9 Answers
Dear Client,
To claim maintenance, wife have to prove domestic violence and when you have ample evidence to refute her allegations, why don`t you present them in DV and 125 cases, why wait for 498a trail to proceed. All court will have their own finding and not dependent on other case finding.
When complainant do not appear for evidence, your advocate must press to issue warrants. 9 dates court may adjourn if objected by opposite counsel.
Tel, your advocate to press for evidence and if she is not appearing in court, you can file application of discharge.
Apply for quashing of FIR in HC
2) if wife has filed false complaint she needs to attend court to give evidence
3) if wife fails to attend court bailable warrant can be issued against her
If your wife not attending the court as a witness,then you may apply to the court and submit bonefidly that she herself not interested in the case. She only just filed the case for harrashing you and your family. And court will in the interest of justice may discharge you.
1. The court will record the statement and on this basis if the court is prima facie satisfied with the statements recorded can issue summons and thereafter can convict the person. A t such an early stage the court can not decide whether the charges alleged are false or true.
2. The court issues summons to the complainant and the witnesses to record statement and if after service of summons the witness fails to appear the court can issue warrant of arrest to ensure his production.
3. Expedite the cases as your acquittal is a foregone conclusion of the charges are false.
1. Yes, someone (wife) can file a false criminal case against you (husband) and then try to prolong the matter making various pretexts. The court will issue the summons, then warrant of arrest and may close her evidence in a RARE case. ask your lawyer to put an application before the trial court to get her examined stating the fact that she is appearing in 125 and dv cases regularly, Court might direct her to appear and to examine but this process will delay the case also, so the best option is to let the case move on its own speed and delay in case always favors accused.
2. read point 1
3. wait, watch, prepare,
the more the delay, the more chances of contradiction
Dear Sir,
You will have to approach the High Court and file your quashing Petition and state the grounds therein upon which you are seeking quashing of 498A. Better draft and present your Petition well with good advocate practising in such High Court. If the court find that there is no material to attract the ingredients of Section 498A the court will definitely quash the first information report...
If 498A is quashed then you dont have to do anything unless there is an condition to the Order of quashing. You just have to relax and not worry about such case.
You can use this quashing Order in your Divorce or Restitution Petition and use it as an additional ground to succeed in your Petition.
File an application in Court to issue warrant against her. If they are not honouring Simons warrant may be issued
1. If the summons were served on her by the concerned police then she has to appear before court to depose her evidence.
The court can issue a witness warrant if she is not appearing intentionally.
Your advocate can put pressure before court on this count.
2. That is the duty of court, you have nothing to do about it.
3. You can discuss with your advocate
