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Fighterr 26 (GOVT.)     15 September 2013

Help in 498a proceedings

I AM MUSLIM AND HAD A LOVE MARRIAGE IN A KAZY OFFICE WHICH STAY ONLY FOR 5 MONTHS(1st 3 months she stayed with me and 2 months with my parents) I AM A GOVT EMPLOYEE.

My wife filed 498a on 2011 u/s 156/3. charge sheet filed on September 2011 and charge framed on march 2012. She also filed crpc 125 on 2011 and got 5k on may 12 from ACJM court.I challenged the order in the Add/session court and also asked for stay next date is in December . She told in her 156 application that her in-laws on 10-11-10 swallowed poison and tried to burn her by pouring kerosene oil as a result she fall ill then brought to Primary hospital on the same day and then the doctor immediately send her to SD hospital and from there she was transferred to Medical collage hospital but her parents admitted her to a private nursing home for better treatment.
IN 125 CASE IN HER COURT STATEMENT She told in cross examination--- 1. I ( the complainant) did not told the incident to the attending doctor as I ( the complainant) was unconscious.
2. I was brought to the hospitals by the neighbors
3. We had a love marriage but my father gave me 2 lakh of cash
4. My parents was not there at the time of marriage
[color=#800000]I FILED RTI IN BOTH THE HOSPITALS AND GOT ALL THE DOCUMENTS REGARDING HER ILLNESS, UNCONSCIOUSNESS AND WHO ADMIT HER IN THE HOSPITAL. WHICH CLEARLY SAYS THAT SHE WAS NOT ADMITTED IN PRIMARY HOSPITAL ON 10/11/10 AND NOT UNCONSCIOUS AND HAD A HEADACHE AND MY FATHER ADMIT HER IN THE SD HOSPITAL ON 12/11/10.
This month 498a first hearing was there but the girl came to court and filed an application stating that she is ill and not in a state of giving statement. She clearly understand that she even cannot open her mouth in the court as all the proof is with me so she trying to delay the proceeding. The judge is in favor of the girl he daily told us to take back the girl. Even in the last date the judge told my father to take back the girl my father reply " mere pair par matha patak k mar v jai to v me usko bapas nahi lunga " Then the judge give another date after 3 months means 20 December 13.

My question is that what should i do at this moment????? How many times she can ask for date???

Suggest me please



Learning

 3 Replies

Saurabh..V (Law Consultant)     16 September 2013

@Author

 

These are general tactics in the courts which our own esteemed judges allow despite the fact that they also know that one party is trying to delay the case. It is nowhere written in the law to expedite these cases, but if you go by my advice, then ask your lawyer to take help of the President of the Bar Association of that District Court to appear along with him. And then he can pressurize the court to either proceed to further stage by discarding this witness (your wife) for non-appearance OR dispose of the case and discharge you from the case for non-prosecution.

 

All the best!

 

//peace

/Saurabh..V

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     16 September 2013

Why not give a written application for closing evidence for frequent delays. That would force the other party to expediate the proceedings.

 

Regards,

 
Shonee Kapoor

Yahoogroups: https://groups.yahoo.com/group/sahodar 

If you don't fight for what you want, don't cry for what you LOST.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     16 September 2013

Why not give a written application for closing evidence for frequent delays. That would force the other party to expediate the proceedings.

 

Regards,

 
Shonee Kapoor

Yahoogroups: https://groups.yahoo.com/group/sahodar 

If you don't fight for what you want, don't cry for what you LOST.

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