The opposite party first filled FALSE Domestic Voilence case and after 6 months FALSE 498a. The stories and false incidents mentioned are almost same in both cases. In DV case evidence of applicant is completed. No interim maintenance granted. In 498a charge-sheet is filled but no hearing happened as of date. I want to know whether I can contend before the Court, while appearing in Domestic Violence 2005 Case that, unless criminal complaint u/s 498A is finally decided and disposed off, no hearing should be commenced in case of Domestic Violence Act 2005 Case. The logic would be I do not want to disclose my defense during civil case and preserve the same for criminal case. I shall be highly obliged if anyone gives me supporting JUDGEMENTS or case-law of Supreme Court or of any High Court.
