MyNation Foundation Forum » Advice » Domestic Violence

how to fight dv act & 498a

(6 posts)
  • Started 5 years ago by amit6
  • Latest reply from Adv.Kachave
  1. amit6
    Member

    its very sad that many brothers are suffering due to the laws in our country, i am in a similar situtauion and below are my points in brief, iam currently in dubai and my mother and sister stay with me.
    i would want to know if i should file for a divorce case in mumbai or can i do it in dubai ? and how do i approach the dv act case ?

    1 Married in 2006 in Mumbai(Arranged marriage), wife was from surat

    2. Wife came to Dubai in 2007 on residential visa

    3. She got a job in dubai inmid 2007

    4. She left Dubai early 2008 and went to Mumbai and after a couple of days went to surat

    5. She filed a 498a case on Oct 2008 in surat , against Me ,my mother & my sister
    6. We filed an appeal on Feb2009 in Ahmedabad high court stating that the case is false and it cannot be filed in surat aswe were married in Mumbai
    7. The high court decision on 2009 was that a girl can file a case from the place she stays but the investigations officer has to look into the matter.

    8. After that I got no update on 498a case

    9. now feb 2012 i got a call from indian embassy in dubai that there is summon , after collecting ,it was the summon for a DV act case and the summon date was for hearing on nov 2011, that means I got thesummon after approx. 3 months of the case date.i was told that the embassy had older summons and the case was filed in 2009 , but they were not able to contact me
    This dv act is again against 3 of us , me mother & sister. can dv act case be filed against ladies ?

    what should i do now , will i get a summon again for the next dv act date ?

    pls advice.

    Posted 5 years ago #
  2. Dr.Dsouza
    Member

    get DV complaint copy and go through what she wrote.
    if events similar to 498a then go for quash, as she cannt file 2 cases based on same events.
    also check for the place
    if all of the accused stayed with her at that time, then ask court to submit proofs of that she was with you at that time.
    there are many ways to counter every case.
    let us know what is there in FIR copy
    meanwhile go through many judgments on 498A/DV here http://mynation.net/docs/sitemap/ for your information.

    Posted 5 years ago #
  3. Barrett12
    Member

    let us give a chance to solve your all problems regarding divorce and solicitors. Click on the link below to know more about our duties and services.

    file divorce

    Posted 5 years ago #
  4. amit6
    Member

    Thanks for your reply, the contents of dv act complaint is 90% same as 498a .the additions is that monthly maintenance is asked for and its mentioned that she left behind her jewellery with me, which is false , can I still file for quash of dvact ?I don't have any update of the 498a .

    Posted 5 years ago #
  5. Dr.Dsouza
    Member

    if its on same events go for quash;
    find in above sitemap you will find citation, refer that judgment,
    use also person cannt be charged twice for same crime as well as multiple cases cannt be filled on same grounds.

    Posted 5 years ago #
  6. Adv.Kachave
    Moderator

    If false allegations r thr , u may quash it in High Court.
    http://www.jaihindlegal.com 9821387099.

    Adv.Ramchandra N.Kachave
    98, 2nd floor, Esplanade Mansion,Kala Ghoda, Near City Civil Sessions Court,
    Mumbai-4000023
    Posted 5 years ago #

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