In written statements of secton09 restitution of conjugal rights wife gave the same facts and allegation as she alleged in FIR for 498A
decesion of section 09 is in husband favor. like " patni ne patni ko na to sahrrik rup se paratadit kiya na mansik rup se patni ko adesh*t kiya jata hai ko wo pati ke saath jakar avilamb rup se dampatya sambando ko nirvah kar"
question is ; section 09 was filed one months ago than wife filed FIR
tha facts given by wife in section 09 was true copy of complete FIR. by considering and discussing all the fact and after cross wife and her mother [ she is witness in 498A] the decision of section 09 is in husband favor:
[1] this decision also binds on FIR of 498A [as facts are same so decision must be near to it]
[2] section 09 decision given by district judge of same court where in same lower court 498A is under trial so lower court judge can reverse the finding of district judge on same facts discussed five years ago on which no appeal and no objection taken by wife side/
[3] how much extend the decision of civil case on same facts and from court is helpful in criminal cases on same facts from same court?
[4] what citation ruling judgments should be helpful if anyone having please provide them?
