Gyan Chand v. Rekha : 2010 (7) RCR (Cril) 1204 : 2010 (91) AIC 517 : 2010 MLR 442 : 2010 (3) RCrD 166 : (2010) 2 CriLR 1544 : (2010) WLC 340 : 2009 LRC Online 762 (Raj)
Section 125---Maintenance---Doctrine of estoppel---Proceedings under s.12 of Domestic Violence and under s. 125 of CrPC are similar in nature---Both proceedings are basically civil suit filed for seeking maintenance from spouse---Burden of proof in both cases is equally similar and case has to be established by preponderance of probabilities---Failure of wife to prove that she had sufficient cause to stay away from husband----Once finding has been given under s. 12 of Domestic Violence Act, same issue cannot be agitated between same parties before another forum---Court below was certainly unjustified in observing that finding given by Magistrate under Domestic Violence proceeding would not affect proceedings under s. 125 of CrPC---Benefit of s. 125(4) given to husband---Petition allowed.
Held : The proceedings under Section 12 of the Domestic Violence Act and under Section 125 Cr.P.C. are similar in nature. Both the proceedings are basically civil suit filed for seeking maintenance from the spouse. The burden of proof in both the cases is equally similar and the case has to be established by preponderance of probabilities. In both the proceedings, unlike a criminal trial, the case need not be proved beyond a reasonable doubt. Lastly the issues which arise before the Court are identical namely whether the petitioner was subjected to cruelty and whether the wife has sufficient cause to stay away from the matrimonial home or not. Under the doctrine of issue estoppel, if a judicial finding has been given by a Court, then the same issue cannot be agitated before another forum. Therefore, once the finding has been given under Section 12 of the Domestic Violence Act, the same issue cannot be agitated between the same parties before another forum. Keeping in mind the doctrine of issue estoppel, the learned Judge was certainly unjustified in observing that the finding given by the learned Judicial Magistrate, vide order dated 19th August, 2008, would not affect the proceedings under Section 125 Cr.P.C. Clearly, the learned Judge has ignored the existence of the doctrine of issue estoppel.