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Anonymous (ABCD)     10 July 2013

Please help! need information

I have put a rape charge on my husband as he tricked me into a marriage only to use me physically and not to live with me and fulfill proper matrimonial relationship. Also we were living separately. He used to visit me during weekends only. Now he denies to have married me. He got the anticipatory bail in June. Since the courts were closed, I could not file for the cancellation of his bail and filed it in July. In the first hearing, the court sent him a summon to be present in the next hearing for an argument. I had the 2nd hearing on 9th July. Unfortunately, lawyers called the strike. However since its State Vs My Husband, PP presented in the court room managed to get the second summon which has now been sent to his office address.

I want to know that (1) what is the maximum no. of summons the court willl send?

 (2) In case, neither he nor his lawyer appears in the next hearing, what will be the court procedure next?

(3) Will there ever be a justice or will I keep getting the dates?

(4) Will the court cancel his bail and issue arest warrant in case no one from his side appears?

Please help with the right information.

 



Learning

 2 Replies

vivek malhotra (Advocate)     10 July 2013

if no one appears on the next date the court will issue warrants against him or may take the congnizance of cancelling the bail. 

Anonymous (ABCD)     11 July 2013

Hi Vivek,

Thank you for your reply.

Could you also help me know about 1 more thing? I have also made an FIR against my in-laws for beating me. They were arrested. Police releasd my in-laws but sent my brother - in - law to jail. However, my husband was not arrested as he got the anticipatiry bail.

My husband was called in the PS to sign some papers after he got the anticipatory bail. . Also, I doubt that my husband has remarried a few months back. he has not given divorce to me. I have no proof to prove his 2nd marriage. I have just heard about this , which could be rumours. I was expecting police to inetrrogate him.  But no interrogatation happened and he left after all the formalities

Can police file a chargesheet without interrgoating the accused?

Does the court decide whether trial will happen or not?

 


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