conflict between civil court and criminal court

Guest (Querist) 26 July 2011 This query is : Resolved
If a protection order and other orders are passed in favour of a wife under the domestic violence act, 2005 and that it is specifically decided by the criminal court exercising jurisidiction under the said Act that, the husband was guilty of committing physical and mental cruelty with wife and that this finding attains finality. Thereafter, the husband has filed a petition for restitution of conjugal rights.
sir, now my question is :-
1. Whether the finding of the Hon'ble JMFC on the issue of fact "Whether the husband has committed cruelty with wife" would bind the family court ?
since issue-estoppel doctrine applies only to prior and subsequent criminal proceedings and that res-judicata applies to civil proceedings likewise then which doctrine or provision of law would come to my aid to the effect that, the family court would be bound by JMFC'S finding ?

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Devajyoti Barman (Expert) 26 July 2011
The judgemnent of the civil court is binding upon the criminal but the vice versa is not applicable.

n.k.sarin (Expert) 26 July 2011
The judge of the family court may look into the finding of the criminal court but not bound by that

N. AKSHAY BERI (Expert) 26 July 2011
THE FINDINGA CAN BE CONSIDERED BY THE FAMILY COURT BUT THE COURT IS NOT BOUND BY THE SAID JUDGMENT.

Raj Kumar Makkad (Expert) 26 July 2011
I have also similar views. There are various SC citation on this point.

Arvind Singh Chauhan (Expert) 27 July 2011
I go with Barman Sir.

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