498a

Querist : Anonymous (Querist) 05 May 2010 This query is : Resolved
I was convicted by judicial magistrate in 498a but divorce was granted in my favour on cruelty and desertion by district judge.Allegation of dowry etc. found to be false by district court.She filed appeal in HC that has been admitted.

1. Are the findings of civil court binding on criminal and I should be acquitted by Sessions court in appeal in 498a? Any judgment in this regard.
2 Has the divorce order automatically been stayed?

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ESTHERPRIYA (Expert) 05 May 2010
your query is contradictory. whether u filed the divorce petition under cruelty and desertion against your wife?
civil court deals with matrimonial dispute of giving divorce or not and criminal court is one where your intention to commit criminal offence is proved and the court has convicted you. You can use the civil court judgment as a collateral or additional evidence in the criminal court to prove your wife's character.
The best course is tat u can appeal against the conviction order approach a good criminal lawyer.

Devajyoti Barman (Expert) 05 May 2010
The divorce suit and the 48A trial are different proceedings and hence the degree of proff are also different. The civil suit is guided by the principle of preponderance of probability whereas the proof beyond reasonable doubt governs criminal proceeding.
In that circumstances the judgement in one case has no binding effect on the other though the evidence given in one case can be utilised in another.

Arvind Singh Chauhan (Expert) 06 May 2010
There are lot of citations that finding of civil court is binding on criminal court. One of them is-
decision of civil court binds criminal court.- AIC-2003(12)-SC-116-Para-15,23(3), Also in Sarkar on evidence 15th edition page-845.

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