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Wife not attending evidence in 498a
01-Sep-2023 (In Criminal Law)
Hello,
Wife is not attending evidence stage for last 6 hearings. Judge issued summons, and male judge asked police to present her else case will be closed. Then female judge comes in and post that another 3 dates have been given with nbw, nbw & proclamation against wife, and now reissued nbw against wife excluding proclamation and issued nbw against others in evidence list. Now wife did not attended the police station for enquiry also. Police gave chargesheet as i refused paying them. Like to know whats the way out. Female judge told after proclamation if she doesnt come case will be closed but PP said she will go for mediation and mutual settlement, and female judge changed NBW with proclamation to NBW for wife and remaining Evidences 1 to 4 as NBW. So lawyer gave petition to close the case and female judge said she will close in the next day if she doesnt come. Police says she doesnt want to come to court, and she will meet CP. PP Police saying different things at differnt times.
1. its the contempt of court by IO. police has to arrest her and produce in court.
2. you may file criminal defamation suit against her to claim damages.
3. is there any CrPC 125 case is pending?.
2. you may file criminal defamation suit against her to claim damages.
3. is there any CrPC 125 case is pending?.
Helpful?
35+
35+
How can I protect myself from false 498A?
How can you protect against 498A? The husband who is falsely accused under Section 498a may file a countersuit under different sections of law. The answer may vary depending on the circumstances and factors involved. For example, he may file a defamation counter suit under section 500 Indian Penal Code. 18-Oct-2023
Can 498A case run after divorce?
AHMEDABAD - The Gujarat High Court ruled on Friday that a woman could file a complaint for cruelty under Section 498A (IPC) only if the incident occurred during the marriage. 20-Aug-2023
What happens if 498A is not proved?
A counter case can be filed under section 500 IPC to defame the reputation of the wife and her family. If the husband becomes aware that his wife is criminally conspiring to harm him and his family, he may file a complaint under section 120B of the IPC.
What is the limitation period for 498A?
According to CrPC Section 468, the time limit for filing a Form 498A is 3 years after the last event claimed. 20-Dec-2022
Attending hearings is not possible. The court can issue a Bailable warrant, but the witness can ignore it. Courts can only impose a Rs 100 fine. If you are in possession of 498A, you can call it deserting your husband. However, the other party (wife) may claim that it is an escape from criminal clutches.
Helpful?
Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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