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satya (Manager)     14 April 2015

Contested divorce, dva and 498a

As per section 300 CRPC and 20(2) of constitution a person may not be tried or punished twice for one incident. I filed a case no. 365/12 for divorce under section 13 of HMA on the basis of cruelty and desertion. Whole case tried and cruelty and desertion established by family court and on the basis of that I was granted divorce. The cases of 498a and DV is also the cases of cruelty and domestic violence/Cruelty. Whenever the cruelty already examined in case no. 365/2012 how the cruelty once again trialed in 498a and DV case. Is it not violation of section 300 CRPc and article 20(2) of constitution. No dobout the section 13 is civil trial case and 498a and DV case is criminal trial case but the civil trial having bindings on criminal trial. 

Please give opinion on the issue


 4 Replies

Ranee....... (NA)     14 April 2015

All cased are different and will go on own merit. You can use divorce judgement in other cases.

Adv. Chandrasekhar (Advocate)     14 April 2015

S.13 case filed by you is her cruelty against you while S.498-A and DV case are your cruelty against her.  It is possible both the parties perpetrate cruelty against each other.  so, it does not attract "double geopardy".

satya (Manager)     14 April 2015

S.13 (I)(ia) shall be granted only after taking the evidence from both the parties and court convinces itsself about the petitioner's contentions.  It cannot be granted straight away from the mediation. Both the parties have liberty to submit evidence of cruelty in contested divorce.

Actually what is going on females are asking relief at the level of interim and avoid the cases for final decision. Our system supporting this kind of injustice. 

shyam ji srivastava (PRACTICING LAWYER)     14 April 2015

I am agree with the view of learned Adv Chandrashekhar

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