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Defence Evidence Stuck off and arrest warrant
07-May-2026 (In Divorce Law)
The court has struck off defence Evidence after giving multiple chances to accused. Since Accused has stopped appearing in the court, warrant of arrest through joint commissioner of police, please suggest what will be the next step now as a complainant on the NDOH , if accused is not brought to the court on NDOH and how would we know if the arrest warrant is being processed (PF) already filed. Kindly suggest since we have a doubt that arrest processing may be put hold.
since arrest warrants have been issued against the accused person you do not need to worry as arrest of the accused will take place I only believe that catches you can appear on the next date of hearing and check with the court staff whether the accused has been arrested and shall be produced in the court or not
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Adv. Kunal Seth
Adv. Kunal Seth
Delhi | 700+ Answers
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Since the defence has already been struck off and the accused has stopped appearing, the matter is now in your favour procedurally, but execution is the key. If the accused is not produced on the next date, your advocate should immediately press the court for a status report on execution of the warrant and, if required, seek directions to the concerned DCP/Joint Commissioner for compliance. You can also verify whether the process has been issued by checking the PF status through the court record/Ahlmad and ensure the warrant has actually been dispatched. If there is any delay or suspicion of inaction, a follow-up application for strict execution and personal accountability of the SHO can be moved. This stage is crucial because many matters get delayed due to weak follow-up—handled properly, it can force the accused’s appearance or even escalate the matter significantly. If you want, I can guide you on the exact steps to track and enforce the warrant effectively.
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Adv. Drishti Mittal
Adv. Drishti Mittal
Delhi | 25+ Answers
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in such cases when warrants have already been issued if the party is still not coming you can file and IA requesting the intervention of the court to actually party appear and pay
It is often seen in matrimonial matters that the accused often evade from the for the court in order to evade from the responsibility so you just have to bring it to the knowledge of the court that the accused is avoiding the proceeding and hence legal or action
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Adv. Shambhavi Sharma
Adv. Shambhavi Sharma
Delhi | 50+ Answers
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Hi there, on NODH the magistrate will call upon the IO/sho concerned to submit status report of NBW.
If they say that person is not found you can request the magistrate to declare him proclaimed offender.
However, in order to provide you with an appropriate strategy for NODH I will need additional information therefore it's advisable to contact me and provide requisite details to assist you better.
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Adv. Ishan Parashar
Adv. Ishan Parashar
Delhi | 200+ Answers
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When you filed the PF for the warrant and the warrant has been returned back as unexecuted and therefore the accused is not produced before the court even when a NBW has been executed against the accused, that may mean that the police has not been able to locate the accused. In that scenario you may press for an order under section 82 crpc (now section 84 BNSS) i.e Proclaimed Offender.
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Adv. Divyan Shrivastav
Adv. Divyan Shrivastav
Delhi | 5+ Answers
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