Struck down of crpc 125?

Querist : Anonymous (Querist) 31 December 2011 This query is : Resolved
Respected seniors,wife filed crpc 125 in a family court.23 adjournments taken in a one year due to harass the husband who comes from long distance.case in the stage of petitioner cross.petitioner is absent from last four adjournments.her advocate also absent from last two adjournments.please provide me some relevant case laws to struck down the case.thanks and regards

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Nadeem Qureshi (Expert) 31 December 2011
Dear Querist
file an application before the ourt and approached the court for dismiss the petition due to non-appearance of petitioner. no need any case laws in this regard
feel free to call

adv. rajeev ( rajoo ) (Expert) 31 December 2011
Submit the court to dismiss the petition.

Querist : Anonymous (Querist) 31 December 2011
Thank you sirs,any provision under crpc?

Advocate. Arunagiri (Expert) 31 December 2011
cr.p.c. 256. Non-appearance or death of complainant -

(1) If the summons has been issued on complaint and on the day appointed for the appearance of the accused, or any day subsequent thereto to which the hearing may be adjourned, the complainant does not appear, the Magistrate shall notwithstanding anything hereinbefore contained, acquit the accused unless for some reason he thinks it proper to adjourn the hearing of the case to some other day:

Provided that where the complainant is represented by a pleader or by the officer conducting the prosecution or where the Magistrate is of opinion that the personal attendance of the complainant is not necessary, the Magistrate may dispense with his attendance and proceed with the case.

(2) The provisions of sub-section (1) shall, so far as may be, apply also to cases where the non-appearance of the complainant is due to his death.

N.K.Assumi (Expert) 31 December 2011
In a proceedings under 125 CrPc against the husband,is he an accused person?

Devajyoti Barman (Expert) 31 December 2011
In any case do many adjournments are surely not liable to be allowed.
Make a written petition to dismiss the case. The court can not give so many opportunities to a single party.
Else challenge such iorder in the high court for quashing.
The high court would not quash the case but surely fix a time frma for its disposal.

N.K.Assumi (Expert) 31 December 2011
Without wasting time Magistrate should passed necessary orders under Chapter IX of the CrPc, otherwise it will amount to failure of exercising Power invested in him by Law.