498a complainant not attending case

Never Give Up (Querist) 27 August 2012 This query is : Resolved
Hello Experts,

My 498A is on complainant's statement stage. Bitter half is avoiding court from 2 last dates and case is not proceeding.Only her lawyer represents her and puts application for next date.

How many numbers of times she can avoid court ?? What can be done to bring/force her to come to court and give statement ?

Please suggest.

Thank you.

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Devajyoti Barman (Expert) 27 August 2012
Until her turn comes for her evidence she need not be present.

Never Give Up (Querist) 28 August 2012
Thank you Barmanji,

Let me share the situation as of now,

All accuse were summoned and we got chargesheet.

Charges framed.

Opposite lawyer applied for mediation.

Mediation failed.

Case back to court. Now i think wife's statement is needed to move the case further isnt it the case ?

Please suggest. What to do to make wife attend court and give statement..

Thank you.

Never Give Up (Querist) 28 August 2012
Opening the thread.

Adv.R.P.Chugh (Expert) 28 August 2012
A Witness who does not attend the court can be forced through coercive processes such as Warrants - Non bailable and even PO if her disregard to court proceedings persists. Her conduct in not entering the witness box raises an inference against her

Never Give Up (Querist) 29 August 2012
Thank you Bharatji.

After how many absents we can ask for warrants ??

Naresh Kudal (Expert) 30 August 2012
3-4 chances are normally given for evidence, after that you should ask for warrant or ask court to bound her to come to the Court.

Sudhir Kumar, Advocate (Expert) 30 August 2012
You can even apply for deletion of her name from wtinesses.

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