Sunday, February 7, 2010

Only lawyer give the ans, pls.I proved in court in125 ipc that my husband told false evidance in court.?

now my 498a case evidance will start in dec.How this 125ipc will help me for this case?or my hubby had illegal connection with a lady for that her (this ladi's) husband lodged a case in same court for return his baby and said about my husband name about that my hubbay stay with this lady illegaly.how this will help me for win the 498a caseOnly lawyer give the ans, pls.I proved in court in125 ipc that my husband told false evidance in court.?
Firstly the case was not under section 125 IPC but under section 125 Criminal Procedure Code for Monthly Maintenance for wife. The Cases under section 125 Cr.P.C are consider summary trail, are based on minimal evidence %26amp; are just for providing the financial help to the suffering wife or children or parents to avoid their destitute conditions. The matter is decided by court on the evidence of the wife explaining the reason for stay away from the husband %26amp; the evidence of the husband with regard to his monthly income %26amp; capacity to earn. As far the other criminal complaint under section 498A Indian Penal Code the cruelty inflicted on the wife is an independent criminal complaint wherein independent evidence will be required by the complainant to prove her charges against the accused, which all consist of evidence by eye witnesses who saw cruelty being inflicted by the husband, the medical report of the victim of physical/mental injuries, the dowry issues have to be proved by the financial records of both parties, Income tax returns/records, etc. What was decided in another case on the basis of some evidence has nothing to do in the present case/complaint. What all got proved in your maintenance case under section 125 Cr.P.C has nothing to do with cruelty under section 498a I.P.C. matter, you have to prove the cruelty inflicted by him on you by sufficient evidence may be those evidence may have been placed on the record for your previous matter but here again that will be have to be got admitted in the court by proper procedures. The issue of adultery your husband committed is no doubt a matter of cruelty against you although this itself is an issue based on which you can seek divorce from him, but as I stated all evidence showing his adulterous union with another woman has to be proved on the record for the criminal complaint in the matter. As far dowry issue is concerned how that can be combined with his adulterous union has to be seen as these two are absolutely two different issues %26amp; so both these issues have to be proved in the court as these were in co-relation to each other. Dowry demand itself is an act of cruelty %26amp; in order to get more dowry any physical or mental cruelty inflicted on wife is basically covered under section 498a I.P.C. whether adultery committed by husband was to demand more dowry is an issue which has to be shown by you if you want to combine these two issues. Hope this whole issue is now clear in your mind.

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