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Author Topic: Need Advice....Wife has filed 498A against Me, My Father and My Mother -  (Read 2278 times)

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Offline ronak8952

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Dear Expert,

I am from Ahmedabad.
My wife has filed 498A against me, my father and my mother in the month of May-2013 after an heated argument between my wife and my mother. After that I too had an argument after which she called the police and in the police station, she called one of her friend and her friend's father and filed the 498A complaint against us. One that day she left my home and went to her friend's house and on the next day she took all her belongings and went to her parent's place Surat with our 4.5 yr old kid.
Now coming to the problem is that we are attending all the court appearance dates, around 6 to 7 dates, but they never appeared to the court. The judge has ask the police to summon them to appear to the court. But they are not coming. We are having a lawyer for ourselves.
Both our families and we are not speaking to each others. Today is April-2015 and 2 years has been crossed.
So my questions: Is there any rule in which if the person who has filed the complaint doesn't attend the court the case gets dissolved?
Our first requirement is to get rid of this court proceedings.
Thanks a lot...

Offline saravanan.s

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the case should have been dismissed by now..if not you can file a petition for quashing of 498a case in the highcourt under crpc 482.kindly consult a lawyer with all the documents regarding the case

Offline Olivertina

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Offline advarjun

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Their non appearance in court is good for you.
file an application in court bring their repeated non appearance before the court.
seeking dismissal of the suit for wastage of court time.

this can work in your favour
Advocate Arjun India's Finest legal expert

Offline ronak8952

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Dear All,

Thank you very much for your replies and support.


Offline manishsqrt

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If they are not attending the dates then the case may be dissolved.For this you should file an application after consulting your lawyer.


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