Legal Advice

Wife intentionally delaying the trial of dowry case: what to do?

Question: It is almost nine years now and I am fighting a Dowry case against me. Although my defence is strong, the other party is prolonging this case by making excuses and playing the victim card in from the judge. What remedies I can take to fast track this case?

Advise

Your wife is intentionally delaying the trial of the dowry case by presenting herself as the victim. However, she knows that her case is false and frivolous. It seems from your case that the trial court is giving unnecessary adjournments to the prosecution. In this situation, you should approach the High Court either under Section 482 of the Code of Criminal Procedure (CrPC) or file a petition with the High Court under Article 227 of the Constitution of India.

Section 483 of the Code of Criminal Procedure, 1973, imposes a duty on every High Court to exercise continuous superintendence over the Trial Courts to ensure expeditious and proper disposal of case.

Article 227 of the Constitution also confers upon this Court the power of superintendence over all subordinate courts within its jurisdiction. The primary purpose of granting such wide supervisory powers to this Court is to remove obstructions that may impede the path of justice.

Obtaining unnecessary adjournments constitutes an abuse of the process of court. It is the solemn duty of this Court to prevent such abuse, rectify irregularities in the judicial process, and prevent miscarriages of justice.

Hence, you should avail any of the above-mentioned options to ensure the timely resolution of this case. The high court can direct the trial court to decide this case within a specified period, such as six months or any other period that the court deems appropriate.

If you have evidence to prove that the case is false and that the informant (your wife) has made false allegations, you can approach the High Court under Section 482 of the CrPC to request the quashing of the entire proceeding. This would be a preferable option if sufficient evidence has come to light that tends to demonstrate the case’s falsehood.

Shivendra Pratap Singh

Advocate

High Court Lucknow

Criminal Law

Ask Your Question

Latest Advice

Stepmother can get share in ancestral property after death of father

My stepmother is asserting her share in the ancestral property, currently registered under my late grandfather’s name, who passed away four years ago. The property is yet to be distributed, and my stepmother vacated our ancestral home three years ago, residing elsewhere with her daughter. The daughter, who lived with us before marrying 25 years ago and subsequently leaving our house, is now asserting her rights over the property. I seek advice on the validity of my stepmother and her daughter’s claim to my father’s property following his demise.

I lied to my boyfriend about my divorce now he refuses to marry

,

In 2017, I separated from an abusive marriage. After some time, I started dating someone. In 2021, I got divorced, but I didn’t disclose this to him because I was concerned that he might judge me. Now he is refusing to marry. We have been in a sexual relationship for three years. He is 23 years old and my age is 38. I love him because his sexual orientation meets my desire. How to initiate a legal process to compel him for marriage?

Can a single accused seek quashing of FIR

An FIR has been filed against four accused individuals, and Accused No. 4 possesses a distinct identity. Question: Is it possible for the High Court to quash the FIR only against Accused No. 4? An FIR has been registered, and a C-Summary has been submitted to the Honourable Magistrate. The complainant has filed a Protest Petition, leading the Honourable Magistrate to return the C-Summary to a new Investigating Officer for further inquiry. Question: At this stage, can the alleged Accused No. 4 seek relief by approaching the High Court to have his name quashed from the FIR?

School authorities are creating a private nuisance

,

I have been living in a residential area for more than 17 years. There is a school behind our house, and it does not have any wall connecting to our house. Recently, they have constructed a horse shed without any wall, using iron pillars. Now, I am unable to sleep in my bedrooms due to the horses kicking on my wall and the noises they create. Additionally, I am unable to use my rooftop because of the foul smell generated by their excreta. The condition of my wall is deteriorating due to this shed. I had previously approached the SDM office, but the opposing party allegedly bribed the official. What legal remedy should I pursue against the school authorities?

My wife and her family don’t allow me to meet my daughters

My wife and her family does not allow to meet my daughters since 1 year. My elder daughter is of 3 years and younger is of 10 months but they not allow me to meet them. many times me and my family members try to take her back to house but she demand to do property on her name .since 1 year she is with her parents she did not even tell me how is my daughter’s and did not allow to talk to them on call.

Husband denied to access my matrimonial home

,

I resided with my husband for a duration of five months in an apartment. The house is registered in the name of my father-in-law, yet my in-laws reside in a different state. I am the individual who invested all of my finances in the interior and household accessories for the house. This decision was made under the understanding that it is my residence, and consequently, I am accountable for its furnishings. I willingly accepted and utilized my entire salary for this purpose.

However, my husband is engaged in an extramarital affair and desires to marry his girlfriend. He is pressuring me to initiate a divorce and is also subjecting me to physical harassment. In response, I have filed for a Domestic Violence Complaint (DVC) seeking a residential order. Unfortunately, I am being denied access to my home, with the explanation that it belongs to my father-in-law. I am in need of assistance; please help me.

CO of the same regiment headed SCM: Can I challenge the proceedings of SCM?

,

I was detailed on duty on 2045 hours thereafter, an officer came and found me sleeping. He then slapped me and called me to appear in office on the next day. On the very next day that officer abused me then I slapped him in front of some other soldiers. This incident was recorded and SCM was recommended after the court of inquiry. The CO of the same regiment headed the SCM. He was biased and conducted one sided trial. Thereafter I am discharged from the service. My total length of service is thirteen years nine months sixteen days. Is there any change of reinstatement?

Terminated from service on the ground of bigamy

,

Enlisted in the Indian Army in 2001, I married in 2006. While on duty in Arunachal Pradesh, my wife engaged in an extramarital relationship with a civilian, prompting me to send a legal notice for divorce. We divorced in 2013 after she initially filed a divorce and maintenance case in 2010, which we later resolved through mutual consent. In the same year, she also accused me of bigamy, leading to termination from the Army. Seeking guidance on the appropriate course of action in this matter.

Alleged Forgery and Misrepresentation: Discrepancies in BPCL Petrol Pump’s Diesel Storage Reported to PESO

,

Petroleum & Explosives Safety Organisation (PESO) issues license to Bharat Petroleum Corporation’s petrol pumps for storage of Petrol/Diesel. A petrol pump of BPCL illegally filled diesel in a tanker beyond the permissible limits for which a complaint was lodged by me with PESO. PESO asked for an explanation. In its reply, the BPCL officer under reported the quantity of diesel filled in the tanker and in support of his claim, submitted a forged sales data which was prepared after deleting sales entries from the computerised records. The fact that the sales data was forged was brought to the notice of PESO by me after PESO shared BPCL’s reply with me. PESO again questioned BPCL to which they confirmed that their dealer had deleted entries from the data. Subsequently, PESO has written to the police to take action under the Petroleum Act according to which the offence is bailable whereas I am asking PESO to file an FIR since forgery of data, preparation of a false document and its use as a genuine one is a serious offence under the IPC. The PESO officer refuses to do so. Is he right in not filing an FIR ? Am I unjustified in demanding an FIR in the matter ?