wait for judgment to b passed by trial court
2) 80 per cent of 498A cases end in acquittal
3) if you are convicted you can challenge order of conviction before the appellate court
Chances of approaching next level court -498 dv case
In 2012, my wife has lodged 498 DV and the case has come to an end. Her basic complaint is: We have paid 5000 cash as marraiage expenses and given house hold articles. 2years we are ok. from there hs is insisting for money and i have given another 50K. 2months ok. then again the process repeated and i.e i have filed case. One more important point added by the Police person is" some of his friends called up and asked to fulfill their lust and in turn i encouraged her to earn money". In this case my lawyer is not confirming the next step of action by the judicial. SO as this case has come to final and whether i shall be penalised and if so what will be those.... whether i have any scope to approach the next level court after this judgement....?
Asked 8 years ago in Family Law
Religion: Hindu
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6 Answers
What will the action taken by the magistrate....and what are the chances to go to next court/high court etc.
Asked 8 years ago
Hi
You can always approach the sessions court for appeal in case the lower court order is adverse(which is unlikely).
In general almost 95% of 498a cases falter at examination stage and that judges will look in to conclusive proof for each and every allegation made.
In 498a, cruelty and harassment should be proven in examination and also should withstand cross examination. So no need to worry
1. it is not clear whether you have taken bail or not.
2. if not then first take bail and wait for the charge sheet.
3. once charge sheet is submitted the case would be put into trial and then you defend your case as er merit of the case.
Hi
from your narration it appears that the case filed under 498A is pending
Once the trial in the court is over if you are acquitted then no need to worry.
If you are convicted in the case on the day of judgement you can file application in the court to suspend the judgement and conviction till the appeal filed and heard.
you can aproach the high court in appeal once the matter in the sessions court is over an d you are convicted.
SO as this case has come to final and whether i shall be penalised and if so what will be those.... whether i have any scope to approach the next level court after this judgement....?
What is your doubt about this?
Are you suspecting that your lawyer did not argue properly or conduct the case properly without properly cross examining her or not following the steps to defend your interests?
Do you apprehend that the judgment will come against you?
Section 498A of the IPC deals with a non-bailable offence, which applies to a husband, or relative(s) of a husband, of a woman, who is/are subjecting her to cruelty.
Those accused under Section 498A are not serial abusers of law or criminals or terrorists, but still, they are treated as hardcore criminals. Most of the cases under Section 498A arise out of misunderstanding or ego clashes at home, and are filed to settle personal scores. The entire family of the husband is made accused in the case to 'teach them a lesson'.
“Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. The offence is Cognizable, non-compoundable and non-bailable.
What will the action taken by the magistrate....and what are the chances to go to next court/high court etc.
If you are convicted then yo may prefer an appeal before the appellate court on the grounds of grievances and error in judgment