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 .


Asked on 2/14/08, 6:57 am

6 Answers from Attorneys

Re: misuse of 498a

Case shall be dismissed. There is no provision for reopen.

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Answered on 2/14/08, 11:58 am
Vijay Chandavale Advocate Vijay Chandavale & Associates

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

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Answered on 2/14/08, 2:00 pm
Shrichand Nahar S.V.Nahar, Advocate

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.

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Answered on 2/15/08, 12:06 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: misuse of 498a

If you are ready to compromise proceed further.

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Answered on 2/15/08, 4:11 am
Homi Maratha N.N. Maratha & Co.-Advocates

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.

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Answered on 2/14/08, 7:20 am
Deepak kumar

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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Answered on 2/14/08, 7:47 am


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