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CommonMann (Software Professional)     16 September 2010

Appeal Period in High Court

498a,323,506,34 all the cases under these sections are disposed off by the session court, bcoz of settlement between and husband and wife. Wife has denied all these allegations in front of session court judge and all the cases are dismissed. As a settlement wife got a hefty amount in the form of DD in her account and filed Mutual Divorce in family court. Now I want to know, if in case wife wants to open these cases again, then is there any time limit that wife can appeal in high court for reopening of these cases. What is the possibility, that wife will go for reopening of these cases?



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 4 Replies


(Guest)

if the withdrawal of allegations is the part of settlement where amount was paid, she will be debarred to raise those allegations again.   If the criminal case filed by her is dismissed on merits and is not part of a settlement, she can file a revision petition / state can file an appeal (which state normally will not do) in HC.

CommonMann (Software Professional)     16 September 2010

Thanks Prabhakar for Prompt reply. Suppose it jahs been 5 months now for all the cases has been withdrawn. So is there any time limit for file revision petition to file an appeal?


(Guest)

if it is  a dismissal case on merits, the revision period is 30 days from the date of the order.  If it is a dismissal as withdrawn, she can refile.  If it is part of settlement, she cannot approach the court.

CommonMann (Software Professional)     16 September 2010

"If it is a dismissal as withdrawn, she can refile". Over here I cannot understand withdrawn means. Bcoz 498a cannot be withdrawn. Actually after settlement, MCD is filed in family court,  in which only monetory clause is mentioned. And she has given her wordings in front of session court that all the allegations against me including 498a are false, like she told the judge that she is not aware of what is written in the documents and police told her to sign it and she signed it.  So I just want to know these type of wordings are based on merits or its withdrawl of case. Thanks.


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