Hi, 498a case registered in 2017. Till now only my wife and father in law statement and cross done in case. I approached Jabalpur HC and got order for speedy trial in Nov 22 wherein court gave direction to speed up case and 7 months time limit to complete the case. However, no further business is done till now 9 more dates have fallen and no business is done as her mother is not appearing in court for statement for one reason or another. Only once my lawyers mother died so we took an extension. Judge changed, her mother ill, all sorts of excuses for not appearing, then my wife's father died, then next date for 13vi baithak, now next date on 15th June which is 10th date after the high court order and rather than closing the case we have not moved an inch ahead. So my query is - should we move to hc again for implementation of previous order. - should I move supreme court for order now. Any how I want to get the 498A matter closed asap as that would prove cruelty in divorce case also which is also pending. which court should I opt for considering speedy and effective solution for my case. thanks
Better made a request again to issue warrants against her mother in law or close her evidence. IF court not persuade than highlight court attention to HC directions. Still not convince than approach HC again.
HC only.
Have you filed any case in Jaipur ?
Complain to administrative judge HC against trail court judge failure to dispose of case within stipulated period
2) in alternative approach HC again that only dates are being given by judge in contravention of HC other
Keeping in view pendency, and work load, it is practically impossible for trial court to conclude trial in six months as the trial court has to follow various procedures, formalities etc.
1. Though you can approach high court but no fruitful purpose would be served excepted case in trial court would further be delayed due to pendency in high court.
2. Yes, you can approach but again no purpose would be served. Any adverse comment from higher court would prejudice your case in trial.
Criminal case and civil case like divorce case are different and distinct. On technical grounds the maintainability of criminal case can be questioned and be checked. Pursue your case in trial court diligently and take shortest possible date.
Order in your favour is passed by High Court, you need to bring the violation to the notice of High Court. Approaching SC will be tactical mistake as doors of High Court will be closed for you.
You can file revision before appellate court and seek speedy trial. You can also go for quashing before HC also
- You can move an application before the same trial court for the speedy trail after attaching the order of the HC.
- Further, if the application is dismissed , then you can approach the High Court against the dismissal of application and non-compliance of the HC direction by the trail court.
- Further, you can also approach the SC court as well
- Further, if this FIR is lodged by your wife, then you can also file a quashing petition before the HC to quash the FIR . , on the ground of delay in proceeding and the evidences
You will not get any further solace from high court or supreme court even if you are desirous of getting a direction for an expeditious disposal once again.
Since the matter is going on properly i.e., with the given reasons it can be understood that it is beyond the court's control to make better progress than what is going on now, you may better continue with this case properly and try to get the case dismissed or get acquitted.
This case's disposal cannot impact or influence the divorce case.
The various factors involved in the trial court is the reason for the delay hence court cannot be blamed for this delay.
Your advocate should insist on the court about the high court's order for speedy disposal and even can request the court to dispense with the witnesses who are reluctant to appear before court owing to the false nature of the complaint.
Your action of approaching high court once again may draw an adverse impact to your own merits in the trial case, sometimes the table will be turned against you and there is a possibility for conviction also.
Therefore you do not become a reason for your own debacle
