498a and appeal in high court
Dheeraj kumar
(Querist) 23 May 2013
This query is : Resolved
Hi Experts
Like recently my wife put 498a and DV case against me and my parents.
she is asking 20 lakhs for MCD and I don't have even 5 lakhs Rs. I have to fight this case at any cost.
I have some doubts Pls clarify:
1.Usually how long these case would run in lower court.
2. what if i lose the case i lower court whether i will be immediately areested or i will be given some time to appeal in High court.
adv. rajeev ( rajoo )
(Expert) 23 May 2013
Contest the case.
Time cannot be said. It depends on the pending cases in the court and judge.
If you are convincted you wont be arrested immediately. There is procedure to take a bail immediately. You can file an appeal against the order/judgement.
R.K Nanda
(Expert) 23 May 2013
1. no fixed time limit for it.
2.u can take bail and file appeal in HC.
Hemang
(Expert) 23 May 2013
It appears, you are really confused because you do not know the procedural trappings of the Court. It has been mentioned in your contents that how much time, the lower court would take to dispose of the matter?
Taking the aforesaid statement, I assume that the Complaint is filed under Section 498 A as well as under the Domestic Violence Act. So, it may be initial or primary stage of the matter.
The lower court would record the evidence of each party and then proceed to determine the guilt. The Court would pronounce the judgment. In case, the judgment is adverse, you can challenge the judgment before the first appellate Court. The filing of any appeal / revision before the high Court would be a step after the judgment of the first appellate court is over.
But in any case, it is obligatory for the husband to provide the maintenance and the shelter, because it is the husband who had provided the matrimonial home to the wife. You can never escape from the responsibility to maintain your wife.
Raj Kumar Makkad
(Expert) 23 May 2013
No more to add as the same shall more confuse you.
