Different statements in 125,dv act and 498a
housing
(Querist) 17 February 2020
This query is : Resolved
if the boy is discharged in 498A and 406 case as the girl and her family could not produce sufficient evidence, is it possible to appeal against orders unders section 125 and Dv act. the basic facts of all the cases are same. the girl gave different statements in 125 and Dv act case but she denied many facts in 498A case. both the cases have already been decided in favour of girl and appeal in session court partialy allowed but still heavy loss to boy with arears. both the cases have arrisen after 498a and 406 case. when the basic case has been dismissed is the girl allowed benefit in 125 and dv act. why should boy suffer for no fault of his. if the same can be challanged pl give advice and at which level and act . also advise ifv any claim can be sought from the girl for humilation and torture for 7 years due to false allegation of girl.
in all the three cases girl has not produced any evidence. the case is of Kharar in punjab.
Raj Kumar Makkad
(Expert) 17 February 2020
The standard of evidence in Criminal case under section 498A/406 IPC and the maintenance cases are entirely different as the reliefs differ so merely acquittal in criminal case ipso facto do not conclude that the wife is not entitled for the grant of the maintenance allowance or the reliefs which she has been provided with under 125 Criminal Procedure Code and DV Act Case.
Raj Kumar Makkad
(Expert) 17 February 2020
Though you have not posted the detailed facts without which it is difficult to presume the grounds of providing the reliefs under DV Act case and 125 Cr. PC and the criminal case but it is certain that it is the liability of the husband to maintain his wife he she is unable to maintain herself even if husband has been got acquitted in the criminal case.
Raj Kumar Makkad
(Expert) 17 February 2020
If the statements of the complainant in the mentioned all 3 cases is contradictory then definitely its benefit can be taken by filing further appeal in the decided cases by bringing on record the said statements and the judgment passed in criminal case so that the desired benefit may be sought.
Raj Kumar Makkad
(Expert) 17 February 2020
If the period for filing the appeal has passed in the criminal case and still no appeal has been filed then the husband can definitely file a suit seeking compensation for the malicious prosecution given the contradictory statements and the acquittal in criminal cases based upon those statements.
Dr J C Vashista
(Expert) 19 February 2020
You have engaged an able, competent and intelligent lawyer who is well aware about the facts and circumstances of the case(s) what is his/ her advise ? Follow and proceed accordingly, if you have faith in him/her, otherwise, change him/ her immediately.
Dr J C Vashista
(Expert) 19 February 2020
You have asked difference between the two ./ multiple provisions of law on the basis of confusing facts and circumstances, without disclosing your identity/ locus standi / concern, which is prima faice academic in nature..
However, if there is some truth in the story, it is advisable to consult and engage a local prudent lawyer to analyse the facts/ documents, professional guidance and necessary proceeding.
Raj Kumar Makkad
(Expert) 19 February 2020
Generally author do not establish their relationship with the asked query which in turn complicates the replies.
T. Kalaiselvan, Advocate
(Expert) 23 February 2020
The case under various provisions of law are for various reliefs as provided in that particular law.
They are different subject to each other.
The dismissal of 498A case cannot force the court to decide the 125 cr.p.c. maintenance case in favor of the boy just because the pleadings in both the cases are similar in nature, however you must understand the difference between them is that the relief sought in both the cases are different to each other.
So you may have to challenge each case on its own merits
