dowary law
Anil Khatri
(Querist) 06 March 2008
This query is : Resolved
Dear v n tripathi ji
Thanks for ur reply. Sir my brother's wife filed dowry case on us that we gave her Poisson & tried to kill her. In her affidavit she said that her parents came their house at 7'0 clock (my brother live separated at that time) in the morning and found her in very critical position and admit to her hospital immediately which is only 5 km from their residence. We granted the stay from high court on the basis of actual time of her admission in hospital at 2'0 clock on the same day. We raise the question where was she in the mean time of around 7 hours while as per her & her parents statements she was in critical condition & how can she remain live in that 7 hours without medical treatment.The high court give us stay U/s 482 WHICH WAS VACATED IN dEC'07 ON THE GROUND THAT IT IS A MATTER OF EVIDENCE and prove it at lower court. Pls advice
Prakash Yedhula
(Expert) 06 March 2008
The High Court was absolutely right in vacating the stay. The case and counter case of both the parties relate to facts which need to be proved only at the time of trial. The High Court under section 482 cannot determine the question of fact, in you case say the time of occurrence etc
