Complex family court situation
damodar
(Querist) 06 July 2009
This query is : Resolved
I am having an interesting situation here in chronological order.
1).My wife filed a 498A with a set of allegations.
2).I had filed for divorce on the grounds of mental cruelty and desertion. Petition denied. Appeal Pending in HC.
3).She filed for Restitution of Conjugal Rights. Petition granted. Appeal pending in HC.
4).She filed for Maintenance u/s 125 of CrPC. Petition granted. Appeal preferred. Trial court order confirmed.
5).After two years she filed for Maintenance u/s HAMA 18(2b) with the same accusations as made in 498A case. Maintenance granted. Both sides Appeal pending in HC. Even in this case she produced false bills which my advocate could expose in court. However, it did not get reflected in the judgement.
6).After all this the 498A judgement was acquittal, with the comments specifically stating that my wife has left me on her own will and not due to cruelty.
All the judgements in the subsequent (civil and maintenance) cases are based on the assumption that I have treated her with cruelty and deserted her. Now that those grounds and causes of action have been proved false in the 498A case,
a).How do I start proceedings to get the trial court to ensure justice? Will a civil court take cognizance of the criminal court’s order? Or should I approach only the High Court?
b).Since I have certified copies of chief and cross examination documents of my wife and in-laws with several blatant contradictions (from all cases). Can I start perjury cases even when the perjury happened in cases which are lying in appeal with the HC? I believe that a perjury case will stop repeated harassment.
Jayashree Hariharan
(Expert) 06 July 2009
I suppose you can appeal in the HC against the orders for restitution case, as the evidence is proved. I am not very sure, though.
Of course, maintenance is something which a spouse is supposed to give, if the other spouse is unable to maintain himself or herself.
PALNITKAR V.V.
(Expert) 12 July 2009
you may start proceeding for perjury. But the fact is that you have to fight in appeals that are pending. A judgment of criminal court is not binding on civil court. hence, observations made in 498A judgment will not help you in civil cases.
