Contradictory findings

Querist : Anonymous (Querist) 02 April 2011 This query is : Resolved
One court of judicial magistrate convicts husband u/s 498a and later on District Judge grants divorce to husband on cruelty and desertion giving contradictory findings that allegation of dowry, beating etc. against him leveled by wife were false.HC also dismisses wife's appeal against divorce.Appeal against 498a conviction pending with Sessions court.?Is Sessions court bound to rely on the findings of divorce case?Any benefit to husband from divorce findings?

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adv. rajeev ( rajoo ) (Expert) 02 April 2011
Session court can consider the observations made in itz judgement.

Arvind Singh Chauhan (Expert) 02 April 2011
It is well settled law that "finding of civil court shall prevail over finding of criminal court."

Advocate. Arunagiri (Expert) 03 April 2011
Findings of the civil and criminal courts are independent, will not bind each other.

Querist : Anonymous (Querist) 04 April 2011
I am thankful to experts for their views. However the expert opinions are as contradictory as the court judgments and leave one confused.Can there be some citations to clear the confusion?

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