Civil case:Court fined/Criminal case court is not strict
My wife filled three criminal cases 1>498a,:(filled in May 2010) : 2> 506 (filled in Apr 2011) 3> 125 :(filled in Jul 2011): and 1 civil suit for divorce (filled in jun 2012).
Honorable Gujarat High court quashed 498a.(quashed in Feb 2012).
I am paying INR 4000 per month in 125 case.
My wife has not presented in the case she filled for 506.(filled in APR 2011) as on date . She filled divorced petition in JUN 2012.Her statement is done before the court in divorce case. her friend is witness in Divorce case as well as in 506.
The judge of the court in which 506 is going on has issued a warrant to my wife and her friend as they have not presented before the court.
In the other court where divorce petition is filled, My wife and her friend regularly present before the court.In adding to this ,she had put application for Day to Day hearing in the the court where divorce case is going on.We have taken 3 to 4 time dates for further proceedings in divorce suit..
Today my advocate was not able to present before the court(Divorce case) .Court has fined me INR 500 for making delay in the proceedings.
My question is: why this difference for me as in civil case I m being fined and in criminal case court is not strict. What should I do?? Should I go further for this double standard so called law?
Asked 2 years ago in Criminal Law from Valsad, Gujarat
because in both cases either defendent or accused . that why this deference. u should defend your case on merits ,instead going for lame excuses also file criminal case of adultry on friend of your wife for brief u may call me
Advocate, Greater Noida
There is no different yardstick adopted by the court. The court is proceeding according to the law which empowers it to fine a party for not representing its case on the fixed date. In the course of time the court may fine even your wife and her friend if they do not turn up after the warrant, or it may order them to be arrested.