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Fighterr 26 (GOVT.)     03 March 2015

Will 498a win affect to win crpc 125 pending in hc

I AM ABOUT TO WIN 498A CASE. IF I WIN 498A CASE WILL I WIN THE CRPC 125 CASE WHICH IS PENDING IN HIGH COURT AS I HAVE FILED REVISION AGAINST THE FINAL ORDER OF ACJM COURT IN 2013. HIGH COURT ACCEPT MY APPLICATION AND GIVE STAY OF OPERATION OF ACJM ORDER AND ORDER ME TO PAY 4 K IN PLACE OF 5K.

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 6 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     04 March 2015

Dear, It may not because 125 has a different purpose .... Kapil Chandna Adv 9899011450

T. Kalaiselvan, Advocate (Advocate)     08 March 2015

These are two different cases with two different cause of action. Winning or not in the other case will not make any impact on the other pending case.  Do not be under prejudice or misguidance, you have to give tough resistance to each case based on the merits in our side as per the circumstances of the pending cases accordingly.

Biswanath Roy (Advocate)     16 March 2015

Winning case of sec.498-A IPC  has no relation with the case u/s.125 Cr.P.C.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     16 March 2015

Please follow: -

 

Sec. 4 of 125 CrPC.

 

(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.

 

https://indiankanoon.org/doc/1056396/

 

Clearly, wining of 498A is a very good evidence to prove sec 4 of 125 CrPC, hence no maintenance for her.

 

Please read each of my posts carefully in the following links for sample petitions and other necessary clues.

 

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

 

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

Fighterr 26 (GOVT.)     27 March 2015

Sir the judge frames 3 issues to decide the case. 1. Whether the petitioner has been able to prove that she was meted with cruelty? 2. Whether the op intentionally neglected the petitioner? 3. Whether the petitioner is, entitle to get an order of maintenance? In a same court how can the number 1 issue be different? In the 125 case order the judge said that the petitioner is able to prove that she was meted with cruelty in the hand of her husband and her in-laws. But how can the same court be said that the petitioner is unable to prove that she was meted with cruelty? However, recently the old judge transfer to another court on promotion and new judge came. In 498a case the pw1 contradicts her own cooked fact several times in her deposition. My lawyer cross her for 3 successive days. Even she forget how and in which days she meted with cruelty and even she told that she cannot say which she is telling in front of judge that story was written in her crpc 156/3 or not.

so guide me sir so that i can teach all the girls who files or wish to file a false dowry case against her inlaws only for money.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     27 March 2015

Most of the judges are also encourages these missuses.

 

Appeal with article 227 (interim appeal) against all orders in HC in-person.


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