Res subjudice applicability
3 years ago
The facts narrated by me in my DV case and the Written statements submitted by me in subsequent divorce case are same . Do I need to prove the ingredients / issues of my dv case in the divorce case also ,when I have enough proof that husbands divorce case is false. Also can the same issues , whether husband has abused me be decided by two different Courts at the same time,? Is there a legal bar ?What if two courts come with conflicting view on the same issues?
Ayantika Mondal @ Prime Legal
Responded 3 years ago
You should submit the proper documents and evidences to prove your innocence. However, if both the courts have conflicting view, the judgement of the judge having higher hierarchy would prevail, but, you may than also approach the Higher Court.
If the judgement of both the courts are contradictory, than judgement of court having higher powers would negate the other judgement, though you may further appeal in the higher court. Nonetheless, you should substantiate court with documents and evidences which prove your innocence.
Ankur Goel @ Complete Law Shield
Responded 3 years ago
both acts are different.
both prayers are different.
both judgments will be different.
even both judges powers are different.
the decision of one court can be submitted to other court for evidence.
Divorce case is in higher court.
Hope this clarifies,
Advocate Ankur Goel
(Complete Law Shield) #YourLifeYourChoice
Note - This is just a small advice. Proper advice can happen only after going through details.
Sukhvinder Kaur
Responded 3 years ago
DIYAVARHUSSAIN SHAIK
Responded 3 years ago
Divorce petition is different from DV
In case of any contradiction in both the other party may take that as evidence in other petition.
Domestic voilence
Family issuw
crpc 125 filed by my sisters mother in law on her own son (my sisters husband)
Please suggest on the steps and process to follow
husband torture to wife
