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Getting no relief from court in case of 498 A What can I do


03-Aug-2023 (In Family Law)
I have file 498 A against my husband & in laws however out of 4, 3 have got bail very easily with same reason of taking care of their father who is suffering from last stage cancer. its more than a year have no hearing as they give leave application and father in law never comes for bail. They are enjoying all my belongings and judge is also in favour of them due to high contacts. I hav to tak care of my baby alone with no relief also filed 125 but summon is not received as they are hiding somewhere and permanent residence is locked. notice go undelivered everytime and i only get next date.
Answers (4)

Answer #1
773 votes
you didn't tell about the status of the complaint U/s 498A. whether it was a Complaint case or a F.I.R. has been registered ? Whether charge sheet has been submitted by the police. Whether your complaint has been supported with a Medical Report or not ? Normally the family members of the Husband got bail easily in 498A case.

Secondly in Complaint U/s 125 of Cr. P.C. Court can pass an ex-parte order in your favor. you can more an application before the Court concerned to update the new / alternative addresses of your in-laws family. Since the entire family is abscond, it is hard for you to create pressure upon them all or in execution the order of Maintenance.
Answer #2
565 votes
You may move an expedite application in the high Court so that the 498-a proceedings pending in the lower court may be decided expeditiously without giving any adjournments to your in law side. With respect to the issue of non delivery of notice in the maintenance case, you inform the court of the fact that the opposite party is evading service of notice and that you may permitted to serve them by hand.
Answer #3
644 votes
Hello,

I understand your query, if you want that your case should be heard at an expeditious rate you can file a writ in the appropriate High Court for deciding the case expeditiously, in such case Hon'ble High court will pass an order directing thereby the lower court to decided the matter expeditiously.

Thanks and Regards
Answer #4
908 votes
File an application for cancellation of their bail application and also move an application before the high court for expediting your application for maintenance. Also file a separate application for claiming maintenance for your child and yourself under section 24 of the Hindu Marriage Act before the Family Court

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