Legal Question in Criminal Law in India
misuse of 498a
i m a victim of the above section the trial is on but my wife and others may not turn up for evidence as they r for compromise
what if they do not turn up and can she reopen the case if it is dismisses within what time frame can she do that .
6 Answers from Attorneys
Re: misuse of 498a
Case shall be dismissed. There is no provision for reopen.
Re: misuse of 498a
she can't reopen the case but can file appeal within 90 days from judgment and with delaycondonation if delay is justified
Re: misuse of 498a
A case u/s.498A can not be dismissed due to absence of your wife. Court will issue warrant and other process to secure her presence.
Re: misuse of 498a
If you are ready to compromise proceed further.
Re: misuse of 498a
What you want to do that matters. If you go for compromise (out of court settlement then take the proper undertakings by her in a lawyers office) and if she doesnt turn up she can reopen the case in a span of 2 years.
Re: misuse of 498a
Yes, If she shows bonafide ground for dismissal, then the same can be restored after dismissal. For more details send ur e-mail at [email protected]
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