MyNation Foundation Forum » Advice » Domestic Violence

Domestic Violence

(6 posts)
  • Started 5 years ago by harassed.husband08
  • Latest reply from Dr.Dsouza
  1. harassed.husband08
    Member

    Dear Members,

    After 4-5 mths of cohabitation, wife deserts husband and resides with her father in a different state.She files a 498a complaint case in distt court in 2008. No FIR no chargesheet till date. Husband files CrPC in High court for quashing of proceedings at trial court. Matter at High court.
    Wife then files for Divorce in 2011 from her area of residence.Husband submits his pray and matter at family court.

    Can the wife file any other case? What about DV? How can husband & other male members protect themselves from such cases. (P.S. Husband resides in rented accomodation)

    Guidance please

    Posted 5 years ago #
  2. Dr.Dsouza
    Member

    She can file DV, but not on same matter as in 498A,
    approch HC to quash the FIR of 498A and also counter her 498A, let us know what she wrote in her 498A FIR; if she has written they gave dowry or demanding more dowry you can ask judge to charge them too
    read DP3 here http://mynation.net/laws/bare-acts/dowry/dp3.htm

    you can use some citation of other judgments in your case from here http://mynation.net/docs/sitemap/

    Posted 5 years ago #
  3. ravikant
    Member

    Hi Dr. Dsouza,

    Can you please tell us why she can not file DV case on same matter as in 498A. And in case if she has filed DV case on same matter as in 498A how we can quash DV.

    Thanks,
    Ravikant

    Posted 5 years ago #
  4. Dr.Dsouza
    Member

    Law will not send to jail twice for a murder.
    so there is judgment for that
    read this http://mynation.net/docs/1160-2006/

    Posted 5 years ago #
  5. ravikant
    Member

    It means if she has filled the DV case with the same allegation as in 498a we can quash the DV.

    Thanks,
    Ravikant

    Posted 5 years ago #
  6. Dr.Dsouza
    Member

    whatever case she filed 1st is valid,
    to quash use above citation, most of the judges are dumb, unless they know there is a judgment, they just follow,

    Posted 5 years ago #

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