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Wife not cooperating for the 498A cross examination keep on adjourn
20-Mar-2025 (In Criminal Law)
Sir Madam, My friend is undergoing a case of IPC 498A. Case has been running from past 10 years. When he goes on hearing, she does not attend the court and stays outside without attending the court. As the hearing are being adjourned for a week and my friend stays around 2000 KMs from the court location. When my friend is represented by his lawyer to attend with petition for his absence she attends the court. She is not cooperating for the cross examination even my friend advocate is ready
Dear sir,
Your friend can file an application under Section 205 CrPC to seek permanent exemption from personal appearance, citing the long distance. If the complainant is deliberately avoiding cross-examination, the advocate can move an application under Section 256 CrPC (for private complaints) or request the court to close her evidence under Section 311 CrPC. Additionally, if the case is unduly prolonged, your friend can approach the High Court under Section 482 CrPC for quashing due to delay and abuse of the legal process.
Since your friend stays around 2000 km away, he may also consider filing a transfer petition in the Supreme Court under Section 406 CrPC to shift the case to a more convenient jurisdiction. If there is evidence of harassment or undue hardship, the SC may consider transferring the case. Seeking legal advice and taking timely steps can help in reducing unnecessary difficulties.
Let me know if you need my services.
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Adv. Adarsh Kumar
Delhi | 400+ Answers
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Hi. You can show the conduct of the complainant to the court and can get her examination closed. You will have to be firm and assertive in getting the same done. Or can approach the higher court for directions
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Adv. Bhawani Gupta
Delhi | 50+ Answers
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Although we can not assist you without knowing the details of the case, however in situations where the complainant is not cooperating and the complaint is filed to harass the accused only, the accused can avail of various options.
1. Filing an Application for speedy trial before High Court
2. if the complainant is not cooperating in cross-examination or remains absent for her cross-examination, at least move an application for dismissal of the testimony of the complainant as a witness. This can bring pressure on the complainant to remain present during the cross-examination.
The other options do exist and can be analyzed only after going through the case documents.
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Adv. Ankush Mahajan
Delhi | 25+ Answers
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there are a couple of options that you have - (1) you may request the court for imposition of costs on the wife for adopting dilatory tactics (2) you may file a transfer petition in the Supreme Court for transfer of the case outside the state where the wife is living showing the facts and circumstances that she is not cooperating.
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Adv. Kawaljit Singh Bhatia
Delhi | 25+ Answers
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Your friend need not attend each and every court proceeding. You can always move an application for personal exemption on behalf of the accused. You can always attend the court proceeding through online mode.
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Adv. Jitender Singh
Delhi | 1000+ Answers
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