My wife filled 498a
mkas1985
(Querist) 21 November 2015
This query is : Resolved
dear group please help me getting the correct information on this issue
my wife filed a case against me 498A in the year 2012 and in this month i was called for the first appearance and given the date after one week for second appearance and now i got the date to appear in the court is 26/11/2015 for the third time but from first appearance only my wife is not attending the court still no action is taken against her can you please help me after how many appearance will they cal her for cross examination in the court
P. Venu 
(Expert) 21 November 2015
It is not necessary that the wife should appear. Once the matter reaches the Court, it is the State that pursues the matter. She need appear only when summoned as the State witness.
Trust you have engaged a capable advocate. Try to face the matter on merits.
Rajendra K Goyal
(Expert) 21 November 2015
State is other party in the case, wife need not attend each hearing.
K.S.Srinivas
(Expert) 23 November 2015
Agreed with Sri P.Venu.
Advocate. Arunagiri
(Expert) 23 November 2015
Dear Author, you say she had not appeared for cross examination, please clarify whether she had appeared for the chief examination?
V R SHROFF
(Expert) 23 November 2015
wife is only a witness.
police pp will call her for her examination
and you will get chance to cross examine her.
She need not come to court every date..
498A is 98% aquittal, no problem for you.
mkas1985
(Querist) 24 November 2015
sir i was called for the first appearance in the court on 27th oct2015 then on 19th nov2015 and now on 26nov 2015
my advocate is not responding to my calls to help me need to hire a new advocate but getting afraid what to do court police constable are threatening me to go for compromise which i dont want to...
please help me what to do
T. Kalaiselvan, Advocate
(Expert) 26 November 2015
Well if you do not want to go for compromise, then you may change your lawyer and fight it out properly. If she is not turnng up for cross examination, you may insist before court to issue warrant against her or to dispense her evidence.
mkas1985
(Querist) 04 December 2015
thank you so much for the valuable information sir
V R SHROFF
(Expert) 04 December 2015
SHE IS ONLY A witness
No need for her to attend court unless called by Prosecution.
