Tips for getting a Speedy Trial, RCN, Look Out Notice

You can file a writ in High court for Speedy trial(writ of mandamus: on which the High Court can instruct the lower court to finish the case trials within 2 months or some such specific time period), citing the instances of delay, caused by complainant(witness), by other reasons(submit certified copies of your court's Roznama for making these facts evident). Also see http://groups.yahoo.com/group/saveindianfamily/message/88665 and http://ipc498a.wordpress.com/2007/04/10/right-to-speedy-trial-is-a-fundamental-right-sc

Actually you can ask for quashing of the case itself(instead of Writ of Mandumus) in the written prayer,though you lawyer can ask the judge for Speedy trial verbally, if quash is not viable in your case.

If the complainant witness(Wife) persistantly absents herself, give written applications each time she remains absent asking the court to insist the complainant to be present for the next hearing(the court will tell the advocate and get his verbal undertaking, and record the same in roznama), after two applications like this in two different dates, put an application for issuing of bailable warrant since she has not obeyed the court's instructions for which her advocate had given a verbal undertaking/assurance, in next hearing if the complainant is still absent , put an application for non bailable warrant.

The next procedure before you can apply for a quash on the grounds of non-appearance by complainant would be to issue a public notice by way of news paper advertisement(this is not mandatory, but this step will stengthen your quash case)

Finally apply for quash if she still doesnt turn up. All the proceedings which happens during the day of court hearing will be recorded in the Roznama, so get all concerned certified copies of roznama and use it in your Quash or Writ of Mandumus in the Highcourt.
__________If the Complainant-Witness(Wife/ex-wife) is an NRI____________

In parallel to this, after she doesnt turn up after Non bailable warrants too, push the police to issue 'Look Out' Notice for ex-wife(which will ensure her arrest the moment she passes through the immigration terminals of an Indian Airport), then start process for getting Red Alert notice(RCN) to be issued by interpol, with this RCN you can approach UK court and get her side weak too. For RCN process u have to get in touch with SIF-US guys, especially Bala Golds who recently had wrote about an RCN related issue( this was with respect to saving one self from RCN, so this is the flip side of RCN strategy!) in the group: http://groups.yahoo.com/group/saveindianfamily/message/87288.