After filing 498a, wife left to usa and court is not able to serve the notice to start the arguments
sri8402
(Querist) 25 September 2012
This query is : Resolved
Dear Experts,
After recieving "Restitution of conjugal rights" notice from me, my wife made a false complaint of 498A against me. Now, she is not appearing in court to start arguments against their 498A complaint, and the court constable is saying that they could not able trace out my wife's address to serve the summons to attend in the court. After my inquiry I came to know she left to USA. What would be my situation now? As she is not in India she cannot take the court notice. The judge is simply postponing the case to 2 months. This happend twice till now. How I need to proceed? What judge will decide in the next hearing? Will he again postpone it to another 2 months? and how many times this can happen? Will there be an end to this process?
Can we request judge to close the case, as she is not able to take the court notice itself?
Please guide me to the right direction.
Rajeev Kumar
(Expert) 25 September 2012
State the fact to the court that your wife had left india. Make a prayer to the court to issue notice to her parent or siblings or any relative who is in india so that the court get the exact her address in usa and send it through registered post and ultimately make a prayer for clousure of case.
R.K Nanda
(Expert) 25 September 2012
yes, u can do it.
Rajeev Kumar
(Expert) 25 September 2012
Also pray to court to issue non bailable warrant against her. There after make a prayer of proclaimation for person absconding u/s 82 of cr.pc.and after that if she is not appeared in court then proceed for attachment of her property u/s 83 of cr.pc
