LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Dv case after being acquitted in 498a/406/506(2)

(Querist) 28 October 2022 This query is : Open 
I was married in 2016. Wife left to her mother's home for delivery in Nov 2017. Thereafter I filed restitution for conjugal rights in April 2018 after child was born in Feb 2018. Wife filed private complaint to Judicial magistrate under CrPC 156(3) and upon orders FIR was registered on me and my parents. Criminal charges under 498a/406/506(2) was framed in Aug 2019. Thereafter she filed Maintenance under CrPC 125 in 2020 and same is pending. Meanwhile, I not pressed the restitution for conjugal rights as the situation was not encouraging to continue married life with her. Now in 2022, the criminal case trial was completed and we were acquitted. After which I have filed a divorce case under section 13 (1) & 13 (2) under HMA. Now after all these my wife filed DV case against in the same court where the criminal trial was conducted. How to handle this situation?

Is section 300 CrPC applicable for the same incidents. One is criminal charges under 498a/406/506(2) and being acquitted. Another new DV case upon same incidents.

Please suggest way out of this repeated litigations


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now










Post a Suggestion for LCI Team
Post a Legal Query