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Witness did not appear after sending the summon in 498A, Suggestion


22-Jun-2024 (In Family Law)
Dear sir/madam, my wife filed 498A one year back. The chargesheet is filed. Now it is in evidence stage. Summon is issued by court. But wife didnot appear for evidence. If wife didnot appear, can I get the case dismissed ? can i request judge to dismiss the case on default. (No physical and medical evidences of 498A case).
Answers (4)

Answer #1
696 votes
Unfortunately, this doesn't work that way. The court will give ample opportunity to your wife to appear before issuing warrants against her. The best alternative to this would be to go for quashing of FIR in the Hon'ble High Court to get rid of this FIR for good. You may consult me in that regard.
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Advocate Puneet Srivastava

Adv. Puneet Srivastava

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Answer #2
965 votes
It can only be quashed by the High Court according to your jurisdiction. And for that you need to approach the court with the true typed and translated copies of the documents and submit before the court that the complainant is not appearing before the court and that's why the case be dismissed in the interest of justice.
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Advocate Jitender Singh

Adv. Jitender Singh

LawRatoDelhi | 1000+ Answers
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Answer #3
785 votes
in case the wife does not appear for the evidence kindly ask your engaged advocate to file a suit for dismissal of the case. 498A has been used as a tool by the women to harass the male counterpart and hence it is evident that your wife does not appear at the evidence stage.
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Answer #4
690 votes
you can file quashing petition Before the High Court of Delhi on merit because your wife is not appearing although there is no evidence on record in respect of medical or physical assault as you have informed me.
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Advocate Prachi Goel

Adv. Prachi Goel

LawRatoDelhi | 50+ Answers
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