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Matter of 498a is already pending then also sec 9 has been filed

If sec.ipc 498A is pending in the chief judicial magistrate court and sec.9 is registered and pending in family court before 498a then what sec.9 is Applicable ?

Answers (4)

Both proceedings under S. 498A IPC & S. 9 HMA are independent of each other and thus, maintainable. One can only secure bail on relatively easier grounds as one can say that he had filed S. 9 and is thus interested in continuing to live with his wife. Although this ground is not absolute.

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who is filed sec. 9 case ? if wife has been filed than section 9 is not maintainable before 498 A. Further husband is filed than its maintainable. it also depend on case stage. whether the wife chief examined in 498A case ?

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Whether Section 9 application is filed by you or your wife is not clear from your facts..Assuming this section. 9 apllication is filed by ykur wife ,this application under section 9 is civil proceedings for restitition of conjugal rights, if one of the spouse has witbdrawn from the company of other.On the other hand Section 498A case is filed by wife against husband and his relatives for causing cruelity to wife and is criminal proceedings.If section 9 application has been filed by your wife against you ,before filing case under Section 498A against you and others and you are opposing section. 9 application in Court ,then you can state in Criminal proceedings as your defence that ,application. of wife seeking restitution of conjugal rights proves that she wants to live together and shows that no cruelity is caused to her as alleged and thus allegations made. in 498A application ate an after thought and false and are made because of opposition to Section 9 application filed by wife.Both being separate proceedings can go on together.In your opposing the section 9 application ,you can submit along with other objections ,that it is not possible to live together, as wife has filed false case of cruelity under Section 498. and may further make false allegations if her application. is allowed and parties are directed to live together.

If wife has filed a 498A against husband and husband has filed u/s 9 of HMA, then charges u/s 498A will be decided first. It depends on your counsel how s/he manages the same for or against you.

However if both provisions of law have been used by the same party then it is a different ball game all together.

Matrimonial disputes are very subjective from case to case, so will need deeper details to help better.

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