If wife and witness do not appear in court to give evidence you would be acquitted as allegations have not been proved
Wife not appearing in court for 498a statement
Sir 498a ki chargesheet court mei submit ho gyi … aur wife ko 5 time summons v send ho gya lekin meri wife receive nai krti aur witness ko v summon send ho gya woh v receive nai krte toh ab mein kya kru ? Case jldi se kaise complete hoga ? Kya mein quash ke liye high court ja skta hu ? Ya fr kya kru ab mein ?
Asked 3 years ago in Family Law
Religion: Hindu
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13 Answers
Dear Client,
Generally, the court may allow 2-3 opportunities to a witness to depose in the court. Thereafter, even a bailable warrant (or even a non-bailable warrant sometimes) may be issued to secure the presence of the witness. If a witness (in this case, your wife) takes too much liberty with the court and unnecessarily avoids appearing in the court on several dates, he or she will lose the sympathy of the court. So, a long delay by your wife in giving her evidence in the court may harm her own interests in the Section 498A IPC files against you.
Hope this clarifies your query and requirement.
Thank you.
यदि शिकायतकर्ता और गवाह न्यायालय में उपस्थित नहीं हो रहे हैं, तो न्यायालय द्वारा जमानती वारंट जारी किया जाएगा और शिकायतकर्ता और गवाहों को पुलिस द्वारा न्यायालय में पेश किया जाएगा। क्वैश की अनुमति इस आधार पर नहीं दी जा सकती कि शिकायतकर्ता और गवाह कोर्ट में पेश नहीं हो रहे हैं।
You can ask your lawyer to pressurise the court to issue a witness warrant to her for appearing before court as a witness to depose evidence.
You can put pressure on court on the basis of continuous and intentional delay
Get it quashed from high court.
You can go for quash and apply for the same in the High Court.
Wait kariye. Wife isliye nahin aa rhi hai kyunke case false hai aur usne sirf pareshan karne ke liye kiya hai. Court se uske khilaaf bailable aur non bailable warrant nikalwa dijiye.
Sir mera lawyer keh raha k jitna time apki wife aur witness summons ko receive nai krte utna time warrant issue nai ho skte, jab wife aur witness ne summons receive krke court na aye toh hi warrant issue honge…sir meri wife aur witness jan bujkr summons receive nai krte. Kya court summons rummons receive hone ke badh warrant issue krti hai ? Kya mein high court mein speedy trail ke liye jau ya fr quashing ke liye jau ? Agar koi aur suggestions ho toh please share with me because mere uper false 498a case hai mein jldi case end krna chahta hu. Please help
Asked 3 years ago
Summons have to be served to wife and witness then only court can issue bailable warrant
2)
Section 64 of CrPC states that when a person who is summoned cannot be found after due diligence, then, a summons may be served by leaving a duplicate with an adult male member of his family residing with him. Such an adult male member must sign a receipt on the back of another duplicate if asked by the serving officer
3) Section 65 provides for the procedure when service of summons cannot be effected after due diligence according to the manner provided under sections 62, 63 or 64. In such a case, the serving officer shall affix one of the duplicates of summons on a conspicuous part of the house or homestead in which the person summoned ordinarily resides. The Court may declare that summons has been duly served after making inquiries as it deems fit or order fresh service.
- You can move an application before the same court for close her opportunity to depose by way of evidence on the ground of delaying in the trial
- If , refused by the said trail court , then approach the High Court against that rejection order of the court.
Your lawyer is right.
If the summons are not received by her then you can insist before court to dispense with her evidence since she is either not responding nor the summons have been served on her despite best efforts.Then the court will put pressure on the police to serve the summons without fail failing which the court may take steps either to issue witness warrant or to dispense with the evidence.
Apply for warrant and execute against her for her presence
Good ground for quashing rather speedy trial.
Dear Client,
As per the facts which have been provided, if the court has issued summons to the opposite party I.e. your wife she should receive it. Incase she has not received it or has denied summon the court will come to know regarding the same and the court will send fresh summons again to the opposite party before starting the proceedings exparte. The court will give opportunity before doing so. You need to be patient in such matter.
Hope this clarifies your query and requirement.
Thank you.