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