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    • #552
      Anonymous

      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

    • #3161
      Anonymous

      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 https://mynation.net/laws/bare-acts/dowry/dp.htm

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

    • #3162
      Anonymous

      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

    • #3163
      Anonymous

      Law will not send to jail twice for a murder.

      so there is judgment for that

      read this http://mynation.net/docs/1160-2006/

    • #3164
      Anonymous

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

      Thanks,

      Ravikant

    • #3165
      Anonymous

      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,

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Welcome Forums Advice Domestic Violence Domestic Violence

Viewing 5 reply threads
  • Author
    Posts
    • #552
      Anonymous

      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

    • #3161
      Anonymous

      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 https://mynation.net/laws/bare-acts/dowry/dp.htm

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

    • #3162
      Anonymous

      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

    • #3163
      Anonymous

      Law will not send to jail twice for a murder.

      so there is judgment for that

      read this http://mynation.net/docs/1160-2006/

    • #3164
      Anonymous

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

      Thanks,

      Ravikant

    • #3165
      Anonymous

      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,

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  • You must be logged in to reply to this topic.