Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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lostkite   03 October 2016

Maintenance in acquittal 498a case

I was acquitted in false dowry harassement case filed by wife. now i want to know if crpc 125 can be denied based on the fact there is acquittal in dowry harassment case. 

not taken any dowry  but still filed false cases on me.



Learning

 5 Replies


(Guest)
What connection??? Kung fu panda became pregnant coz modi didn't interfere in cauvery gallata.. lol great thinking.. If u got acquitted in498 file 193, let her go jail 7 years, btw she asking maintenance is nowhere connected to ur getting acquitted in 498a.

A walk alone (-)     03 October 2016

498a and 125 crpc both are different cases. There is no link between them. If you want to reduce maintenance you can appeal in HC.

Sachin (N.A)     03 October 2016

Originally posted by : lostkite
I was acquitted in false dowry harassement case filed by wife. now i want to know if crpc 125 can be denied based on the fact there is acquittal in dowry harassment case. 

not taken any dowry  but still filed false cases on me.

 

Nothing is impossible if you fight well.

There are number of judgement which says " No maitenaince if unable to prove cruelity"

All depends how you represent your case.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     03 October 2016

Normally the two are not connected . However you may use her false criminal complaint as a ground to show that she is staying separately from you with a malafide intent and not for any justifiable reason . That will have her petition dismissed. However the same shall only be possible if you were given an acquittal based on falsity of the allegations and not because you were given a benefit of the doubt . Augustine Chatterjee 9999931153

Sachin (N.A)     04 October 2016

Section 125 in The Code Of Criminal Procedure, 1973

 

(4) No Wife shall be entitled to receive an allowance from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent.


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