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sameer saifi ( )     11 March 2014

Wife appeal in session against order by lower court. help !


My parents were discharged by a Kadkadduma court in Delhi from 498A because court did not find anything which can book them under 498A. As neither there were any medical document attached nor any allegation proved. Now wife has appealed in session against the same order. What can be done now? Can they be book again? Please advise me on this. I will be grateful.



 9 Replies

nikhil singh (Advocate)     11 March 2014

see if one court has decided in your favor then the court must have given some  finding which is in your favor. So before giving any opinion first FIR and judgment is to be seen. That finding can b used for disscharging you also.

Nikhil Singh
Associate, Law Consults
'LawCon House', D-61, East of Kailash
New Delhi - 110065

Rohit Krishan Naagpal (Advocate)     12 March 2014

Mr Saifi 


Firstly congratulations that you have been able get justice at the first stage itself.

Against order of discharge the remedy is revision to the session court which can be preferred within 90 days of impunged order !

If she has filed a revision then present your case with evidence before thesession court as to enable to truth to prevail.

Dont worry revision/appeal is a statutory right so you need not lose heart ! be preappred for another round of litigation 

All the best 



Rohit Krishan Nagpal



sameer saifi ( )     12 March 2014

Thanks to you all for your kind reply. Well, I divorce her 3 years ago as per muslim law which she accepted by withdrawing all the money I sent for Mehar and Iddat. Then I re-married 2 years ago (after 1 year of divorce). Now in court she is saying that I am living with a girl in adultery. Should this be called Adultery? I re-married and I have all the proof of that like Nikahnama.

SANJAY GUPTA (Advocate)     18 April 2014

As She filed an appeal you have to appear and keep strenght on the points and views of the judgement passed by the court below and also the evidence of her and other witnesses considering which the court below acquitted all of you.

No, she can not prove the adultry charges against you.

sameer saifi ( )     19 April 2014

Thank you very much Sanjay. I am now relaxed.

Gautam Kapoor (IT professional Studying Law)     19 April 2014

congrats,you have been well advised.Get ready to fight the case in the sessions court at all her costs.The sessions court will take the consigiance of the findings of the lower courts.

sameer saifi ( )     19 April 2014

Thanks Gautam. I am fighting well for all the cases and defeating her everywhere but maintenance is the only win to that lady. I am not able to get rid of that.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     23 April 2014

If she is not working the maintenance can not be avoided.



Shonee Kapoor
Handphone: +91-8010850498

If you don't fight for what you want, don't cry for what you LOST.

Sudhir Kumar, Advocate (Advocate)     24 April 2014

your lawyer has to defened the acquittal order.

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