Advocate Deepika Dahiya

Questions Answered by Advocate Deepika Dahiya

Q: Defence Evidence struck off after giving 3 months time

The magistrate has struck off the defence Evidence of respondents since they were given the final chance to clear the arrears of interim maintenance (around 3.50 lacs) within 3 months from the date of order but accused stopped appearing in the court , now judge has said case will be on Argument stage and the. Judgment, in this case , do respondents still have any remedy to lead the evidence as they have not followed Court's order and absconded ?

Advocate Deepika Dahiya answered
The Respondent can make an application for recall of order striking off defence but he has to show sufficient cause of non appearance if the arguments have already commenced and the Respondent remain absent , the court may proceed towards the final judgment based on the Petitioner evidence.

Q: Defence Evidence Stuck off and arrest warrant

District court has struck off the defence Evidence recently, the judge has also issued an arrest warrant through joint CP (PF filed on the same day), now will the accused be arrested before the NDOH or when ? The just has given a short date of June , how is this arresting process is followed? Will hee sent to the Jail or brought to the court on NDOH ? Accused has been playing with the court's hearing for a long and has a bad conduct since the beginning, what are the remedies as respondents ?

Advocate Deepika Dahiya answered
once the court has already struck of the defence and issued arrest warrants generally means that the accused is deliberately avoiding proceedings Practically ,the process works as :1. Warranty is sent to the concerned police authority for execution or police may visit residence to secure presence of the accused .There is no fix timeline .once the arrest warrant is issued,the police can technically arrest the accused at any time before the next date of hearing But if the accused is easily traceable and the court is taking a strict view ,arrest may happen within days.Or if the accused appears voluntarily before execution of the warranty,the court may hear him directly and consider bail.If the matter has been kept on a short date in June , it usually means the court expects an execution status by then either the accused may already have been produced or the police will file execution RemedyAccused can challange the order before higher court and application of cancellation of warrant is to be filed