498a & sec 9 of h m act

REDJEE (Querist) 07 July 2012 This query is : Resolved
During pendancy of 498a case, a case under sec 9 of Hindu M act is filed by wife.
...IS 498A STILL MAINTAINABLE ???

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ajay sethi (Expert) 07 July 2012
yes . both are separate cases . section 8 relates to restitution of conjugal rights while 498A relates to dowry harrasment

ashutosh mishra (Expert) 07 July 2012
Yeah! Both are different cases and can go.

REDJEE (Querist) 07 July 2012
In 498a case wife alleged that she will be murdered if she lives with husband.Then how can she prayed for conjugal rights in the court???
How can it possible???
Ajay ?
Ashutosh ?
Ashish ?

ajay sethi (Expert) 07 July 2012
my dear sir you raised a simple query as to whether both cases are maintanable simultaneosuly .

all experts opined yes as it was a general query .

now you are adding more details that wife says she will be murdered if she lives with her husband .

you can draw attention of the court to fact that wife wants RCR yet says she will be murdred if she stays with her husband .

REDJEE (Querist) 07 July 2012
SIR,
After filing CC of RCR petition of wife in 498a court, what can be the effect in the criminal case???
Please give some citations of SC in this matter.

ajay sethi (Expert) 07 July 2012
for citations please visit indian kanoon website .

you have to point out the contradictory stand taken ny wife . she says there is threat to her life with husband yet wants to stay with him .