This is a common practice in India. Delay in trials is ubiquitous. The courts have also got used to such delays and routinely grant adjournments. So, you may have to wait patiently for some time.
Generally, the court may allow 2-3 opportunities to a witness to depose in the court. Thereafter, even a bailable warrant (or even a non-bailable warrant sometimes) may be issued to secure the presence of the witness; or, sometimes, the evidence of the witness may be dispensed with.
Also remember that if a witness (in this case, your wife) takes too much liberty with the court and unnecessarily avoids appearing in court on several dates, he or she will lose the sympathy of the court and his or her evidence may not inspire confidence in the eyes of the court. So, a long delay by your wife in giving her evidence in court may ultimately harm her own interests in the Section 498A IPC filed against you.
At the same time, you should be ready with your cross-examination of your wife, as and when she appears for the evidence in court, so that you could cross-examine her immediately after her examination-in-chief. Otherwise, if you seek time for the cross-examination and she does not appear on time thereafter, you may lose further time to get her evidence completed.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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