basavaraj shiromani
(Querist) 25 November 2012
This query is : Resolved
A lady who obtained an order under Sec 125 of Cr.P.C, subsequently she filed a suit for declaration to declare as she is the legally wedded wife.
Whether an order passed in Sec 125 of Cr.P.C, is a conclusive proof under civil suit to prove her status as the wife ?
Devajyoti Barman
(Expert) 25 November 2012
Judgement passed in criminal case is not binding on the civil court though it is so in case of vice versa.
V R SHROFF
(Expert) 25 November 2012
criminal court cannot decide status of party. Only civil court can decide she is wife or not. Cr ct order for status not binding.
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