Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Sarmmarmbb (goi)     20 September 2015

Can i husband be acquitted if..?

Respected experts, 

  1. Can I Petitioner/husband be acquitted of a false and frivolous 498a/406 case after winning the divorce case on grounds of cruelty??  
  2. Or can I take benefit of my victory in my divorce case in quashing of my said false 498a case against me?  
  3. Kindly suggest and share with me if any appropriate judgement there supporting such a situation.

Thanking you

With regards

regards



Learning

 7 Replies

saravanan s (legal advisor)     20 September 2015

both are seperate cases and have different cause of action.getting the divorce decree from your wife by proving that cruelty has been meted against you as a ground wont do much favour in contesting the 498a case filed against you.

 

2BHelpfull (Other)     21 September 2015

498a is a criminal case .

 

both the divorce case and 498a r different.

u have to fight the 498a seperatly  but here(in 498a case) u can mention ur divorce case order, but then also u have to fight the case as both r different .

 

by showing the divorce case order u cannot quash the 498a case.

Sarmmarmbb (goi)     21 September 2015

thank you very much sirs

SAINATH DEVALLA (LEGAL CONSULTANT)     22 September 2015

Winning divorce case has no impact on other criminal cases,498A is such a case which can be filed even after U R divorced.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     23 September 2015

agree with experts

Sudhir Kumar, Advocate (Advocate)     24 September 2015

the query is basically riddle where author wants considered views without offering any fact.

SAINATH DEVALLA (LEGAL CONSULTANT)     25 September 2015

He is posting at least 3 queries daily and demanding replies from the legal experts.Not only that he is even misguiding other querists by giving vague suggestions.Not just riddling but making fun of the legal experts.


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