Parallel civil and criminal cases
FG
(Querist) 02 December 2012
This query is : Resolved
My family and I are facing a false 498a and DV case. I am also fighting for child custody and am contesting my wife's divorce.
My lawyer tells me to lay out my entire defence in the civil cases (divorce, DV, etc). But the allegations in the 498a are identical.
And I don't want to reveal my entire defence because it might help the other party in the criminal trial. I have nothing to hide but I'm always told it is better to catch the other party by surprise.
How to balance both?
V R SHROFF
(Expert) 02 December 2012
If u don't defend well in Civil cases, you loose money time, and may harm you.
It is immediate loss.
You want gain in 498, as chances of conviction in 498 are rare. say 1 in 100.
In civil it is just opposite.
civil will be very quick, say DV.
498 is very slow, will take years.
So fight with all avlb def in civil suits +dv first.
Forget 498 for the time being.
And if your wife demanding divorce, get it immediately. No delay if she ask.
Custody to your child is neither in your benefit, nor easily granted. So forget custody.
Custody will come in your way to start new wife/ new life. You will certainly confirm my views after 5-7 years, not today. at present my prescription taste very bitter to you. But it is Life saving. Time and money saving, brings peace and happiness in life.
Better to loose a court case and Win Life.
Your Lawyer's advise [My lawyer tells me to lay out my entire defence in the civil cases (divorce, DV, etc).]is correct and u shd follow it.
V R SHROFF
(Expert) 02 December 2012
Majority Matrimonial cases are parellell and having all thses ; Div, 498, dv, 125, etc...together. Yours is no special
Devajyoti Barman
(Expert) 02 December 2012
Both the cases would run parallel.
Disclosure of defence is no ground for stayin any of those cases.
Santosh Goswami,Advocate
(Expert) 02 December 2012
There is no point in surprising the opposition. In a matrimonial case, if you win a criminal case, that will certainly help you in divorce or D.V.Case. The emphasis should be to defeat the allegation of cruelty against you.
ajay sethi
(Expert) 02 December 2012
well advised by Mr Shroff .
go by your lawyer advise . lay down all your cards on the table .
98%of 598A cases fail .
ultimately divorce by mutual consent is the best option .
even DV cases takes 3 years at least in mumbai to be disposed of
Raj Kumar Makkad
(Expert) 02 December 2012
Every criminal case has civil dispute behind so if you get victory in civil litigation then definitely it shall hamper your chances to win the criminal case so the opinion of your lawyer is required to be followed by you in letter and spirit.
