MyNation Foundation Forum » Advice » Domestic Violence

Can wife file DV after she has filed 498A

(6 posts)
  • Started 7 years ago by Rajkumar
  • Latest reply from Adv.Kachave
  1. Rajkumar
    Member

    My wife(not legally divorced yet) has filed a dowry harassment against me and my parents and crpc 125 against me. I have filed divorce. She accuses me of all wrong doing like seeking dowry, not giving her food, affairs with some other women and so, all are false allegations.
    All these cases are in court and i have to appear in court 3 at least in a month and i feel very embarrassed by this and am going through **** and feeling like am being harassed.
    Now her parents has sent a messenger, who asked us whether we are interested in settlement, I agreed only if it a fair one.
    Now I have a second thought on this, kindly clarify the below,

    1. Should I go for settlement,is it advisable?
    2. Can she file DV against me now? I have this doubt since she has already filed 498A and can the law permit her to file one more case i.e DV against me?
    3. Can i sue her of false allegation?
    4. How long these case will drag?

    Kindly advise as soon as possible

    Posted 7 years ago #
  2. Answers to your questions:

    1. Settlement is a big risk. There are cases where the girl withdrew from the settlement even when the mutual consent petition was already filed. Also, this settlement is the main cause of increase in this extortion racket. Still, depending on the situation you can decide on that.

    2. She CAN file DV now. But do catch all the points there. DV on the same allegations is not allowed legally as it would count to Double Jeopardy, but that is not automatic, you will have to use these clauses to contest if she files DV too... Also, while by law, 498 A can be EXTRACTED out of DV, reverse is not true.

    3. First you have to PROVE that her allegations are false. Only then you can sue her. Moreover, proving that requires you to undergo a trial which can last for years.

    4. There is no limit for 498 A cases. They can drag for as many years as litigants have the capacity.

    I know it is difficult to attend courts and it also causes embarassment, but then you are not alone,. all of us are sailing in the same boat. Don't worry, only through mental strength can you ultimately win over the opponents. So, keep strength and keep fighting.

    Our Abode : http://mynation.net/
    http://misuseoflaw.wordpress.com/
    Those that have so much power over others as to be able to oppress them have seldom so much over themselves as not to oppress. --Matthew Henry
    Posted 7 years ago #
  3. Rajkumar
    Member

    Thanks for your response.
    can you please elaborate on what you mean by "498 A can be EXTRACTED out of DV, reverse is not true"

    Posted 7 years ago #
  4. In Dv court, if allegations are found to be some of those which are covered under 498 A, magistrate can order invocation of 498 A. Reverse is not true.

    Still, there are cases, where taking advantage of the lack of legal awareness, the girl puts DV after 498 A and cases still go on in two courts based on the same set of allegations ...

    Our Abode : http://mynation.net/
    http://misuseoflaw.wordpress.com/
    Those that have so much power over others as to be able to oppress them have seldom so much over themselves as not to oppress. --Matthew Henry
    Posted 7 years ago #
  5. Rajkumar
    Member

    This messenger from her parents told that if we are not accepting this settlement offer then they are going to file DV.
    How can I protect myself and my parents from this?

    Posted 7 years ago #
  6. Adv.Kachave
    Moderator

    Dear friend,
    I have gone through your matter friend if your wife has filed criminal case, and if she will withdraw without asking for monetary advantages or alimoney , you try for settlment on your terms before the court, in which criminal case u/s 498(a) is going on in presence of lawyer.
    Yours wellwisher,
    Adv. Ramchandra N.Kachave
    http://www.jaihindsena.com, My Nation, http://www.jaihindsena.com
    9821387099, 9224799546

    Adv.Ramchandra N.Kachave
    98, 2nd floor, Esplanade Mansion,Kala Ghoda, Near City Civil Sessions Court,
    Mumbai-4000023
    Posted 7 years ago #

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