mohit (others) 11 February 2016

Dv act

dear expert's sir,

after finding facts on merrits my wife's 125 crpc is rejected and also i get divorce on both crulity and deseration on facts but my wife dv act case is still pending on almost same grounds as she in 125 crpc pettion sir my question is after judgments on finding facts on merrit by family court judge which is higher almost district judge and dv act is pending in cjm court sir can finding of both family court judgments is binding on cjm court. if yes please give me any case referance or citiation or judgments which suit in my case.

thanks in advance

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3 Replies

Vijay Raj Mahajan (Advocate) 11 February 2016

You can go for quashing of the DV Complaint by the High Court as the facts of DV case are similar to the maintenance case u/s 125 Cr.P.C and divorce petition those two were decided in your favor. The act of cruelty and desertion of the wife will debar her claim on the basis of domestic violence by you. The person cannot take advantage of his/her own wrong and if the wrong of wife is proved in the competent superior court, the continuation of the complaint in a subordinate court will be baseless and mere waste of time.

Born Fighter (xxx) 11 February 2016

you should gather all contradictions and lies of your wife as brought on records and file case of PERJURY.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 11 February 2016

There are landmark judgements to prove that a finding of a civil court is binding on a criminal court but the reverse however is not true . Hence the finding of the divorce court is binding on a criminal court.