Crpc 190
Alpesh Makkampara
(Querist) 02 August 2016
This query is : Resolved
Respected sirs,
I am respondent of 498(a) and case is at evidence stage of complainant. I had also 125 on me which is completed. During 498(a) cross of prime witness(Wife) i have found major contradiction between 498(a) and 125 cross for desertion, stridhan acceptance and other allegations. I have enough documentary evidence for those contradictions.
I want to file private complaint case against my wife.
1. Can i file crpc 190?
2. What are the chances of acceptance of complaint?
Dr J C Vashista
(Expert) 03 August 2016
You may file the complaint after completion of trail of the case u/s 498A IPC, which do not have any co-relation with the case u/s 125 Cr PC, except when some glaring evidence are detected.
Seek advise of your lawyer who is fully aware about the facts of the case.
Devajyoti Barman
(Expert) 03 August 2016
Mere contradictions re not enough to attract section 340 of crpc.
Unless I come to know the falsity of the statements I can not advise whether such proceeding will lie or not.
dev kapoor
(Expert) 03 August 2016
Hi,
If proceedings under section 498-a & 125 Cr.p.C are still pending you cannot file any complaint as contemplated by you.
dev kapoor
(Expert) 03 August 2016
Hi
Agree with Mr Devajyoti Barman....mere contradiction do not constitute any cognizable offence.
Alpesh Makkampara
(Querist) 03 August 2016
Thanks sirs for valuable advice.
As i said earlier my 125 case already closed and court had granted maintenance for wife and child.
Can i file crpc 190 complaint in family court for 125?
As she had given contradictory statements on oath in 498a and 125.
Recovery application in 125 is in progress.
dev kapoor
(Expert) 03 August 2016
You can file a revision/appeal but not criminal complaint on this ground.
RESOLVED.
Rajendra K Goyal
(Expert) 05 August 2016
Well advised, you can be benefited from the advice.
Alpesh Makkampara
(Querist) 06 August 2016
I have also filed revision in HC. Can i present this contradictions in HC?
Dr J C Vashista
(Expert) 07 August 2016
You have already filed revision, what else?
Consult your lawyer.
