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kirankumar (Part time Employee/ student of BL)     03 March 2010

DV case

Is There any Judgments Stating that

After the Divorce (petitioner Husband) is granted rest of the cases can be quashed (DV and 498A).

Husband Filed the Divorce under cruelty Respondent also asked for Divorce so without any witness and Examination Court granted Divorce.

Respondent is Govt Employee



Learning

 9 Replies

Gundlapallis (Advocate)     04 March 2010

Dear Kiran follow the link for decision you asked for.

https://www.lawyersclubindia.com/share_files/498A-quashed-/4519/

K.C.Suresh (Advocate)     04 March 2010

The JUDGEMENT the latter brother noted is perused. The compromise petition must specify a withdrawal of the criminal case also. If that is done in the former isssue then proceed with the judgement That will help you.

kirankumar (Part time Employee/ student of BL)     04 March 2010

There is no compromise petition  The case was still running from the last 2 years

Gundlapallis (Advocate)     04 March 2010

oh! yes i missed the point in Kiran's requirement - just grant of divorce will not absolve you from other criminal proceedings.  Thanks Mr. Suresh you prompted.

Adv. Biju Gopal (Advocate FAMILY LAWYERS Kottayam Kerala www.familylawyers.in)     04 March 2010

The 498(a) proceedings can not be quashed on the basis of said judgement.  But it may helpful at the time of trial of that case.

Adv. Biju Gopal

www.familylawyers.in

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     05 March 2010

no mr kirankumar.

divorce has no relation with 498a or dv cases.

even after divorce it will run in it's own way, till reached to it's destination.

these offencess are ofence against the state and not against the individual.

Hardik Mehta (Family Counsellor)     05 March 2010

Kiran,

You can get some releif from both the cases, but it depends on the allegations of all the 3 cases, DV, 498a as well as divorce. If the allegations of divorce are same as that of DV and 498a, and she was not able to prove the allegations, then you can take the certified copy of the proceedings and submit the same to 498a as well as in DV case, stating that she was not able to prove cruelty and the divorce has been granted to me. The court can see those and then decide further action.

kirankumar (Part time Employee/ student of BL)     09 March 2010

i m thankful to all for your reply’s

I have one more question.

In a DV Case the opponents had filed some documents as evidence.

But we found that they were fabricated documents, so can we file a Petition in the same case asking to punish them for producing the Fabricate evidence.

Or we should wait for the DV case to complete. And file a case on them for producing the Fabricate evidence?


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