• DV and 125 next step after dismissed 156 (3) case of 498a

Namaste sir,

my name is rajesh kumar

mera sasuralwalo ne 156 (3) - 498a , 313,......kiya tha jo ki 12 day pahale dismissed ho gaya under 203 crpc (on the basis of prima facie not any evidance provided by complainant )

DV and 125 me sabhi alligation same hai as 156 (3) of 498a 

ab us judgement ko kaise use kare 

kya DV and 125 bhi dismissed ho sakta hai ????

ab kya karu ki DV and 125 case jaldi khatam ho jaae jab ki saare case jhoothe hai . kya expidite ka direction from high court le aaya jae 

plz advice for further .
Asked 4 years ago in Family Law
Religion: Hindu

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31 Answers

Case kabse pending chal raha hai aapka?

jis order ke tahat dismiss hua hai wo share karein? 
kitni maintainence de rahe hain aap?

 

ye sab cheeze bataiye?

 

dhanyawad

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

125 cr pc is for maintenance if wife is unable to maintain herself 

 

in DV case burden of proof is upon wife to prove allegations made against you 

 

DV cases take 5 years to be disposed 

 

judgment in dowry harassment case may not help you in DV /125 cr pc case 

Ajay Sethi
Advocate, Mumbai
94514 Answers
7484 Consultations

5.0 on 5.0

You can get dv dismissed but 125 crpc will be disposed after final hearing if she doesn't deserve maintenance

Prashant Nayak
Advocate, Mumbai
31800 Answers
175 Consultations

4.1 on 5.0

Seedha 125 ko khariz karne ki applied dalegi. Yadi mukadma karwana hai to bataiyega. Saare kagaz dekhne padenge. Humara ek office lucknow me bhi hai

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

You can file application for discharge in DV case 

 

In alternative you can file petition in HC for quashing DV case 

Ajay Sethi
Advocate, Mumbai
94514 Answers
7484 Consultations

5.0 on 5.0

Section 156(3) , was filed to lodge an FIR against you under section 498A, etc.

- Yeh application dismiss ka matlab hai ki , apke sasural wale apne case ko proof nahi ker paye. 

-  She has filed case under section 125 CrPc , for claiming maintenance from her husband , on the ground of no income or insufficient income.

- Is case me kuchh help ker sakta hai , lekin maintenance se bachne ke liye , apko sabit kerna hoga ki wo apni marzi se sath me nahi rah rahi hai , ya wo kar karti hai

- DV me dismiss case madad ker sakta hai. 

- Han , ye cases high court se ab samapt ho sakta hai. 

Mohammed Shahzad
Advocate, Delhi
13087 Answers
195 Consultations

5.0 on 5.0

The relief claimed under the provisions of DV case and in the maintenance case under section 125 Cr.P.C  are different to that of the criminal case under section 498a.

The pleadings and the allegations may be same as mentioned in the 498a IPC case which was dismissed by court for want of proper evidence.

Whereas  the same allegations mentioned in other two cases may just be a base for that cases but the reliefs claimed in both the other cases are totally different, hence this judgment may not come to your  rescue get those cases dismissed. 

You may get her admit that the criminal case on the same grounds or pleadings was dismissed as they were false,during cross examining her, this may make some impact to dilute the severity of the other two cases.

T Kalaiselvan
Advocate, Vellore
84709 Answers
2172 Consultations

5.0 on 5.0

The complainant was not able to establish her complaint as there are no evidences for the alleged crime done by the accused.

Hence the case was dismissed.

Similarly you can fight the other two cases on merits and documentary evidences in your support.

 

T Kalaiselvan
Advocate, Vellore
84709 Answers
2172 Consultations

5.0 on 5.0

You can pray for dismissal but it needs Primafacie evidence to get it dismissed. Only after evidence stage it will be disposed off and you may be acquitted in major circumstances

Prashant Nayak
Advocate, Mumbai
31800 Answers
175 Consultations

4.1 on 5.0

1. 156 (3)  dismiss हो गई है, बहुत बढ़िया लेकिन प्रत्येक केस की अपनी merits होती हैं और मजिस्ट्रेट court (156-3)का निर्णय दूसरी मजिस्ट्रेट court (DV) या सेशन court (CrPC 125) पर बाध्यकारी नहीं है

2. जहां तक 156 (3) के dismissal आर्डर की बात है उससे आपको थोड़ा बहुत फायदा हो सकता है लेकिन ज्यादा नहीं,

3. आप हाई court से expedite या time bound hearing के आर्डर ला सकते हो, लेकिन बेहतर रहेगा की ज्यादा जल्दबाजी न करें और केस को अपनी रफ़्तार से चलने दें

 

Suneel Moudgil
Advocate, Panipat
2378 Answers
6 Consultations

4.8 on 5.0

4. चूँकि आपकी पत्नी को अभी तक court से कोई रिलीफ नहीं मिला है इसलिए संभवतया वो इस समय हताशा की हालत में हो सकती है, इसलिए ये settlement, अगर चाहते हैं तो, का सबसे उपयुक्त समय है, 

5. 125 व DV के केस के defense के लिए अपने सबूत तैयार रखें और अपने वकील के साथ मिलकर रणनीति बनाएं

 

 

Suneel Moudgil
Advocate, Panipat
2378 Answers
6 Consultations

4.8 on 5.0

Both are different cases.

 

So CrPC 125 talk about maintenance form spouse. So if she is housewife then you have give her monthly maintenance 20-25% of your monthly salary.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

Hello,

If the allegations are same as to the complaint then file a misc application before the magistrate alongwith the certified copy of the order passed by the court . However the court will take into notice and will fix a date for hearing before it pass any order.

Regards

Swarupananda Neogi
Advocate, Kolkata
2963 Answers
6 Consultations

4.7 on 5.0

DV and 125 will decide on there merit. 

Yogendra Singh Rajawat
Advocate, Jaipur
22590 Answers
31 Consultations

4.4 on 5.0

Whatever allegations she has made against you in the criminal complaint as well as in the 125 cr,p.c. maintenance case, if appears to be false, you can challenge them before the trial court properly and can gather evidence to prove that she is wrong.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

125 crpc mein to aap Kuch Nahi Kar sakte hai lekin DV ke liye aap Discharge petition  ya Quash petition file Kar sakte hai.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. Yes you can use order of 156(3) in DV case but it will not be much beneficial for dismissal of case but it can definitely help you in DV case. 

2. You can file petition in High court for expedite the matters of 125 and DV but it can adversely affect your case.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Aap dv aur maintenance mein pichla order laga skte hain. Court ko bataiye ke kaise puchla case dismiss ho gaya hai. 1 case domestic violence ka aap bhi kr skte hain apni wife ke against apni maa le dwara.

 

Rahul Mishra
Advocate, Lucknow
14081 Answers
65 Consultations

5.0 on 5.0

Dismissal order aapke liye boht zaruri hai. Usko dv act mein kaam mein lijiye.

Agar complaint register ho jaati hai to anticipatory bail leni padegi.

Rahul Mishra
Advocate, Lucknow
14081 Answers
65 Consultations

5.0 on 5.0

1. The dismissal of complaint under Section 203 Cr.P.C. cannot have any bearing on 125 and DV Act cases. Dismissal of case under 203 Cr.P.C simply means that no prima facie case was made out, it does not translate into any favourable finding against the accused.

2. You have to contest other cases on merits.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

You can use the orders passed in 156(3) in support of your case, and that, the Judge will give reasons in support of his order, you can use them. 

It will have some bearing on the DVC & 124 cases. 

You contest both the DVC & 125 on merits.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

 hi Rajesh just saw your query and sorry for the late reply.

well so far as your question is concerned kindly not following points.

1. cases under 498-A , Domestic Violance Act and 125 Cr.P.C is all together diff  proceedimgs.

2. dismissing of complaint u/s 498-A will not help u in  quashing any other proceedings ya they may help u in making your case strong.

3.application u/s 156(3) Cr.P.C has been dismissed but your wife has further remedy she may file a Criminal Revision in which she may get relief.

4. you cannot expedite the proceedings under DV and 125 unless some adverse order has been passed againt you.

 

Atul Shahi
Advocate, Allahabad
160 Answers
1 Consultation

4.6 on 5.0

If court is delaying you can file revision in court to expedite the trial. You can file writ petition too the HC

Prashant Nayak
Advocate, Mumbai
31800 Answers
175 Consultations

4.1 on 5.0

When these cases were filed ? 

Petition admission ke baad, evidence hi hoti hai. Advocate can object to adjournment and press for trial.

Yogendra Singh Rajawat
Advocate, Jaipur
22590 Answers
31 Consultations

4.4 on 5.0

1) DV cases take 6 years to be disposed of 

 

2) it would come for trial after 3 years or so 

 

3) since trial courts are overburdened with cases your case would not be expedited 

 

 

Ajay Sethi
Advocate, Mumbai
94514 Answers
7484 Consultations

5.0 on 5.0

1. you can file a petition under section 482 cr.p.c. before high court seeking direction to the concerned magistrate to dispose the pending case expeditiously for the reasons you may rely upon.

2. If the 125 case is pending for disposal of interim maintenance petition in the same cae, then first the same will be disposed after that you may have to file your counter to the main petition.

Then the court will post the matter for enquiry by the petitioner side.

This is what is called the beginning of trial. 

T Kalaiselvan
Advocate, Vellore
84709 Answers
2172 Consultations

5.0 on 5.0

domestic violence claims may range from one year to up to five years . 

The main problem with the judicial system in India is that there is a large pendency of cases and the number of judges required to dispose of these case is not sufficient. Due to this a large number of cases remain pending for long periods of time.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

An application has ro be filed under article 227 in the high court for expeditious hearing and disposal of the case.

The court  may impose maintenance if it thinks fit. You may challenge it.

Yeh sab depwnd krta hai proceedings par. Aap aur woh kitni jaldi chahte hain.

Rahul Mishra
Advocate, Lucknow
14081 Answers
65 Consultations

5.0 on 5.0

1)Considering the work load and pendency of the old cases in the court, it will take around three to five years, subject to speed with which the court is conducting the cases.

2) After you appear in the court, you have to file counter to the case put forth by her.  If any interim application is pending it will be taken up first, thereafter, next state is evidence. 

Your case will be taken up in "first in first out order" i.e., old cases (filed before your case) will be given priority followed by your case, unless there is direction from high court to expidite your case.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

1. Suitable time for filing the petition will depend on the proceedings of trail court of other party tries to delay the case by using tactics then you can file petition in High court for expedite the proceedings.

2. Evidence stage will be after finalization of Interim relief and before that you have to appear and file written statement and reply to application for interim relief.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

1. Such a direction can be issued only by the High Court, but the HC also cannot issue it unless it is shown that there is inordinate delay in your case.

2. Takes about a year for evidence stage to arrive.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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