Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Warrior_27_India (WARRIOR)     09 March 2014

Duel case: both 498a and 125 cr.pc with same story

1.     both 498A and 125 Cr PC have been filled four months apart ( 498A in Mar 2013 and 125 on july 2013)

2.     498A is running slowly but 125 is faster and is  in evidence stage.

3.     my advocate told me that he will expose the lie of my    wife during cross examination and asked for a list of questionary from me.

4.     i have many evidences with me, some are very concrete such that a blind can understand. i have already prepared a very long lists of questionaries to hand over to my advocate.

5.           now my question to all expert    =          how to utilise these questionaries and evidences in two different  cases. should i use all during 125 as this case seems to be heading faster way. if i do so may i have to suffer at later stage for 498A case, as enemy already knows all questionaries and evidences and they will have sufficient time for home work to  counter my weapon



Learning

 25 Replies

great india (manager)     10 March 2014

Use full evidence in 125 to break down the morale 498 cases take time and end in compromise.

ADVOCATE TRILOK (CRIMINAL family PROPERTY topfreind@gmail.com )     10 March 2014

You and all others in similar situation must know that grant of maintenance is settled law. Evidence and cross will not help. SC has said beg borrow but support the spouse.

 

You have only option if you can prove that you are ever ready to take her back irrespective of all her shotcomings and she is not ready to come back than and than only you can escape maintenance otherwise  mountain of evidence will not help. And once maintenance is granted it will be life long liability. In rare of rarest cases there will be relief from higher courts.

 

Far proper strategy in such cases please show the case papers.

DV victimmmm ( )     10 March 2014

Hi victim_276,

use the evidence and cross examination of crpc 125 case in 498a case as suggested by others.

Even if your wife try to lie or change her statements, it will go against her in 498a case(i did thesame in DV and crpc 125 case. DV was dismissed earlier and she had filed same case under crpc 125).

@ Advocate Trilok Sir, could you please share the judgment from SC where it is said that husband has to beg, borrow but support spouse.

1 Like

Aneesh Trivedi (Advocate)     10 March 2014

There are many cases in which maintenace i denied to wife,

the list of such judgements are posted here by every suffere and reposted by me in many theread please do search them,

dont worry fight your case on merit as per my knowlege there is no such order from SC to maintain spouse by ignoring lieable and genuine evidences

Biswanath Roy (Advocate)     11 March 2014

Sec.125 Cr.PC is meant for payment of maintenance to spouse and children. You can come out from this liability only when wife has sufficient income for her maintenance.  By adducing number of evidences against her character and behavior you cannot come out from this liability.  In one case one husband proved  by adducing evidence that his wife is adulterous. In that case Divorce was granted  but maintenance was allowed till the wife could able to provide herself with her own income.  While delivering the Judgement His Lordship Hon'ble Mr. Justice Late Sabyasachi Mukher jee, Chief Justice of India as he was  the then in the Calcutta High Court commented  that  although it is proved that wife is adulterous even then she is entitled for maintenance because a concubine has also a belly .

Warrior_27_India (WARRIOR)     11 March 2014

respected Biswanath Roy Sir,   Advocate Trilok , 498A fighter, DV victim

        many thanks to  you all  for giving such expert advice. please tell me how can i contribute so that 498A case get speeded -up. i am from defence service and posted far away from my native/ place of Court and it is very difficult for me  to be present  in court during all days of trial.  Frequent  Leave grant from defence  and long travel distance is  really tough

           recently i got some Govt. document / Memo from MOD ( Ministry of Defence) regarding "Rights and Privileges  of Defence Personnel - Statutory Provision". in that it is written that serving soldiers deserve priority in hearing process and final disposal of cases may be given as quickly as possible 

                now my question to all expert =  will judge accept and consider such  memo during trial ?

Warrior_27_India (WARRIOR)     11 March 2014

respected Biswanath Roy Sir,   Advocate Trilok , 498A fighter, DV victim

        many thanks to  you all  for giving such expert advice. please tell me how can i contribute so that 498A case get speeded -up. i am from defence service and posted far away from my native/ place of Court and it is very difficult for me  to be present  in court during all days of trial.  Frequent  Leave grant from defence  and long travel distance is  really tough

           recently i got some Govt. document / Memo from MOD ( Ministry of Defence) regarding "Rights and Privileges  of Defence Personnel - Statutory Provision". in that it is written that serving soldiers deserve priority in hearing process and final disposal of cases may be given as quickly as possible 

                now my question to all expert =  will judge accept and consider such  memo during trial ?

Biswanath Roy (Advocate)     11 March 2014

By filing an application in the court you can get exemption from your personal attendance date to date and can be represented by your Advocate.  Similarly as you an Army your case can be taken up first giving priority but you shall have to file a separate application for this purpose.

Aneesh Trivedi (Advocate)     12 March 2014

instead of speeding trial in 498A better to linger it on.. till you can as, if you are on bail then better apply for exemption from date if your 4798A took 10 years also then no problem provided if you are not in hurry and dont want to punish your wife etc,.... so better strategy is pull on your case till you can......

T. Kalaiselvan, Advocate (Advocate)     12 March 2014

In my opinion, if you want to depict her character by submitting all evidence against her in the 125 case you do it, but please make sure that it was she who had voluntarily abandoned the matrimonial house and that you are even now ready to take her back.  498a case is a state run case so it is obvious if find the lethargic move in it.  In fact the evidences you are going to use against her may make an impact on her mentally that she will hesitate to further prosecute that false criminal case, so go ahead.

Gautam Kapoor (IT professional Studying Law)     12 March 2014

@victim, To answer you query in proper terms - normally the allegations/stories in 498a and in MC are different, but since in your case both are the same, you should judiciously choose to provide only those proofs which are needed- in your enthusiasm do not go overboard.

In 498 - Jurisdiction is interested in to check if any offence was indeed meted out- provide only those proofs need to prove the contrary.

MC-  Jurisdiction is interested in the maintainability of the oppressed party (normally construed as woman) and what is the correct maintainable amount - provide proofs for the same.

Check learned MR. Roy's comments on maintenance, "because a concubine has also a belly " -> The amount awarded is neither penurious nor luxurious

Any citations on "You and all others in similar situation must know that grant of maintenance is settled law. Evidence and cross will not help. SC has said beg borrow but support the spouse."  will be very helpful

"

Warrior_27_India (WARRIOR)     12 March 2014

Respected    Biswanath Sir,  Kalaiselvan Sir, Mr. Gautam Kapoor and all other members- 

1.          Thanks for clearing my concept on above mentioned Duel cases. i shall use my armory of evidences and logical arguments  according to your guidance .

2.           my story is very unique and can be an exceptional CASE-STUDY  for all law professionals. my wife is a real fool because the allegations ( torture- story) she made in two petitions 125/ 498A ( 498A   by U/S-156(3)) is hard to believe as such incidents just not possible to happen  within a well protected defence Camp area. i think her lawer is a hard core CIVILIAN   who does not have a real idea about a defence camp.

3.                    few days back i got a info = ( after leaving me)  my wife in between  Mar 2013  and  Aug 2013  worked in a call center with a monthly salary 4000 . now she left that job. i have no further intelligence report regarding her any job. i know that company name. how can i use this facts effectively during 125 Cr.PC ?

4.                     when she was with me =        she worked as a  primary teacher  in two schools in Delhi  for a total duration of 30 months. do this info hold any importance during 125 Cr.PC ?

5.                      she is B.Sc

6.                    she left my Delhi defence quarter in May 2012 to appear for some Govt. job exam in West Bengal ( Durgapur) and did not come back due to some hidden reason which still i did not know .  i made lot of effort to bring her back but she was reluctant.   i have filled RCR at delhi on 23 Mar 2013.  i inform her about so  in reply she filled 498A  on 29 Mar 2013 at West Bengal.. then 125 Cr.PC on 17 Jul 2013 at West Bengal.

Biswanath Roy (Advocate)     12 March 2014

As you are working in DEFENSE my advice to you to agree with the Court's direction for payment of maintenance to your wife ,of course if the quantum of such payment is reasonable..

Aneesh Trivedi (Advocate)     13 March 2014

i have filled RCR at delhi on 23 Mar 2013.

just wait for complition if RCR is in your free you may be free from 125.

in my case i won RCR and free from many allegations of 498A and also free from sec24,sec 125


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