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Defence Evidence Stuck off and arrest warrant
07-May-2026 (In Divorce Law)
District court has struck off the defence Evidence, case will be at Judgement stage now. An arrest warrant through joint commissioner of police has also been issued (PF filed) same day, now as petitioner, how can we ensure that court's order is followed and what are the options for respondents to get rid of this warrant of arrest and defence Strike Off order, what should our advocate's duty here ,what should be the next step as complaints ?
Since the defence has already been struck off, your case is at a very strong stage and the court will largely rely on your evidence. Your advocate should immediately push for final arguments and early judgment, while also ensuring strict follow-up on execution of the arrest warrant by moving a compliance application if required. At the same time, be prepared that the respondent may try to file applications for setting aside the strike-off or cancellation of warrant, which must be strongly opposed to prevent them from re-entering the case. This stage is highly crucial—handled correctly, it can lead to a clear victory; handled casually, it can reopen the entire matter. If you want, I can guide you on exactly how to block their remedies and secure a faster judgment.
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Adv. Drishti Mittal
Adv. Drishti Mittal
Delhi | 25+ Answers
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you don't need to worry as issuing of aristotrant by the court is a significant step in ensuring that the accused shall be present on the next state.
you can check with the court staff on the next date of hearing whether the accused has been arrested and will be produced before the unable Court
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Adv. Kunal Seth
Adv. Kunal Seth
Delhi | 700+ Answers
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The Respondent may try to evade the warrants. If the address is correct and the Respondent has been served on the same address before then the court will eventually see if, he is in fact evading the process.
The Respondent can move an application for cancellation of NBWs and for giving an opportunity to lead defence. - If not allowed by the court he may also challenge the order of the court.
An Advocates duty is to oppose the applications and see that such order of leading defence evidence is not passed otherwise it may lead to delay.
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Adv. Abhimanyu Yadav
Adv. Abhimanyu Yadav
Delhi | 25+ Answers
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Report should be submitted by the police
You can check report .. if you want to check court order is following .. you can contact Ahlmed about sending arrest warrant.. they can give your details .. you can also confirm in police station of that joint commissioner
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Adv. Roshni Sundriyal
Adv. Roshni Sundriyal
Delhi | 25+ Answers
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If the district court has struck off the defence evidence and the matter is fixed for judgment, your advocate should immediately press for strict compliance with the strike-off order, record the service/non-appearance history on the next date, and request the court to proceed to final arguments and judgment without reopening defence evidence unless the respondent first gets the strike-off order legally set aside; a court’s decision to strike off defence is treated as a harsh, last-resort measure, so the respondent’s main options are to move an application to recall/set aside the strike-off and seek restoration of defence evidence, or challenge that order before the appropriate higher court, while any arrest warrant issued by the JCP/police process should be followed up through the court record and execution branch rather than informally. In practical terms, your next step as complainant is to file a compliance/production application, ensure the warrant issuance is reflected in the order sheet, keep proof of service and defaults on record, and oppose any respondent application for restoration by arguing repeated non-compliance and prejudice at the judgment stage.
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Adv. Aditya Kumar
Adv. Aditya Kumar
Delhi | 25+ Answers
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