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sandipvarma (Lawyer)     05 August 2018

Can a private lawyer be engaged in 498a by wife

Hello,

can a private lawyer be engaged in 498a by wife instead of public procecutor , if she  can whats is the procedure and ,

what will be realationship between p.p and private procecutor.



Learning

 3 Replies

Adv Deepak Joshi +917017821512 (Advocate)     05 August 2018

Private lawyer can be engage by the wife, but private lawyer cannot replace the public prosecutor.

Criminal cases are against state public prosecutor cannot be replaced.

 

sandipvarma (Lawyer)     05 August 2018

can maintance be claimed both under DVC  and under sec 125 of crpc, and dvc is at FIR stage

SOLOMON.RAJ (advocate/director)     05 August 2018

Sandeep,

Though the state isrepresented by the Public Prosecutor the victim or complainant can also file a petition before the concerned jurisdictional magistrate or the sessions court to appoint a Lawyer of his or her choice to assist the prosecutor in conducting the trial.


Adv. Solomon Raj,
Attorney at Law,
Bharat Gaurav samman awardee 14
AICC National Legal Chairman.
email:rajcarey@yahoo.com
phn:9866545086

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