498a: appeal against acquittal
Jeevan
(Querist) 17 November 2014
This query is : Resolved
What happens after 498a acquittal? What are the options at wife's side? I was told that she can file the appeal in session court but can she or state need to file the appeal? Also, what's the timeline?
V R SHROFF
(Expert) 17 November 2014
Also, what's the timeline?
appeal will take 1-1.5 yrs, vary with facts and court. judge...
Jeevan
(Querist) 17 November 2014
Thanks, but can she file appeal since it's state vs accused? There seems to be some amendments in this regard but I am not sure.
Devajyoti Barman
(Expert) 17 November 2014
Hypothetical and prematured query.
Let the situation arize first to get proper reply.
ajay sethi
(Expert) 17 November 2014
hypothetical query
Guest
(Expert) 17 November 2014
Any concern of yours with wife or husband and acquittal of husband or his relatives in 498a case?
Come forward with the problem, if you really have, rather than with hypothetical academic query.
Rajendra K Goyal
(Expert) 17 November 2014
Appeal can be filed from her. Decision in appeal may take 1-3 years.
Jeevan
(Querist) 17 November 2014
what is hypothetical about this? This is a perfectly valid question.
Devajyoti Barman
(Expert) 18 November 2014
This would valid question when you would be acquitted.
Wait till then post this query and expect answers from us.
Guest
(Expert) 18 November 2014
Mr. Jeevan,
If you say, "what is hypothetical about this? This is a perfectly valid question." you can either be perfect in law or, if not, an arrogant person, who thinks as if the experts here are your paid servants to be bound to reply any type of question put by you without knowing any background of the case, assuming that what you have said can be a perfect question relating your own personal problem.
Naturally, if you are perfect in law, and cpable to judge whether yours is a perfect/valid or hypothetical query, you would not have the need to get answer to your query from the experts.
This can be a valid question for an academic law teacher to ask his students or for a students to ask their teacher or when he sits in the examination hall to answer his examination question.
If you post such a question without explaining the background of the case and the real problem you face, even by not making a mention how you are related to the query, that becomes a hypothetical academic question.
Mind it, the experts here should not have been expected to run tutorials for answering generic questions. You could have posted such an academic query for your general knowledge in the Forum Section of the LCI, not in Experts Section. You should know, any general reply to your question can go awry to mislead you to take your own case on the wrong track, with the reason that implications of law depend upon case history, characteristics of the case and the circumstances, which are essential to take in to account before forming any opinion, more particularly in criminal cases, SPECIFICALLY WHEN YOU ARE NOT A WIFE OF THE ACQUITTED PERSON.
So, this problem does not seem to relate to you (a sheer hypothetical question), until an appeal is filed by your fife against the judgment of your acquittal, rather can be that of your wife against you. If that be, you do not deserve any solution.
However, if you still believe that yours is a valid perfect question without explaining any background, you may better post your question in the Forum Section to get plenty of replies for your general knowledge.
