498-a case

uday (Querist) 29 August 2014 This query is : Resolved

I am from Khammam. My wife had filed a Case against me under section IPC 498-A DPA-3 DPA-4 in 2011 at khammam.She is from maharashtra.Initially she had attended the case regularly but due to reasons of long court procedures and dont have place to stay ,she stops coming to court.The court sent summons to her address but she has already left her old address.Police went to trace her address but she is untraceble and also she has filed one more case on me i.e.divorse case from nagpur in 2014.Now as I came to know she is financially incapable to attend further court proceeding in khammam.can i dismiss the case? OR can she be arrested not to attend the court? What would be next step?

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Sudhir Kumar, Advocate (Expert) 29 August 2014
if the complainant doe snot come for evidence then it is for your benefit.

jeshma mohandas (Expert) 29 August 2014
You can file a petition to publish in leading newspaper about the same and ask the. Court to discharge you from the offences and to dismiss her complaint.

uday (Querist) 29 August 2014
CAn MY wife get arrested for not attending the court? and what r the chances to dismiss the case?

P. Venu (Expert) 29 August 2014
On the face of the facts stated, you can pray the court to dismiss the cases.

malipeddi jaggarao (Expert) 29 August 2014
Why do you bother about her arrest?
The Court utmost may dismiss the suits filed by her as she is not traceable, but not arrest.

Rajendra K Goyal (Expert) 29 August 2014
Agree with the experts.

ajay sethi (Expert) 29 August 2014
you should be concerned with dismissal of cases filed against you not her arrest .

uday (Querist) 29 August 2014
I just have querry? Is it possible dat in 498-A case if complainant is untraceble and absent can she be arrested under NBW same as accused?

Akhilesh Maurya (Expert) 29 August 2014
The Court may order for last apportunity to her to give her evidence and finally the Court may proceed to dismiss the case and discharge you.

malipeddi jaggarao (Expert) 29 August 2014
We already answered that she cannot be arrested on this ground. You wish can not be fulfilled through court.

jeshma mohandas (Expert) 29 August 2014
She can't be arrested but court can dismiss the same and discharge from the charges levelled against you on failure of proof

T. Kalaiselvan, Advocate (Expert) 31 August 2014
Your question has been sufficiently addressed by experts, donot keep asking the same query.

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