498 ipc

parshant (Querist) 26 February 2011 This query is : Resolved
a woman who file a domestic violence act case in the court, can she file a 498 ipc case against same repondent and same relief

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Devajyoti Barman (Expert) 26 February 2011
Yes, very much.

G. ARAVINTHAN (Expert) 27 February 2011
Even a harassment made without a demand for dowry will attract the penal provisions of the Domestic Violence Act

Parveen Kr. Aggarwal (Expert) 27 February 2011
Yes. The remedies are not mutually exclusive.

Sarvesh Kumar Sharma Advocate (Expert) 27 February 2011
after domestic voilence act
498A IS MORE EFFECTIVE ,
in comprision of first 498a and then D.V.Act.

Selva Kumar (Expert) 27 February 2011
domestic violence act will attract when the parties in the petition are dwelled in the same roof, where the aggrieved person can seek relief under domestic violence act, if the harrasment or torture were happened out of residing house, even in street, public place, then the aggrieved person can take steps under 498A

Dayananda Gowda (Expert) 27 February 2011
experts is right

parshant (Querist) 27 February 2011
in above said case husband make a police complain and DDR is registered in the police station after the husband complain the wife also file a comp. against the husband or her in laws can the D.V. Act is effective here.

Ajay Bansal (Expert) 27 February 2011
Yes,why not.

Arvind Singh Chauhan (Expert) 27 February 2011
I agree with the above opinions but Madrash HC has said it double jeopardy.

Please go to the link-

http://dogsincourtroom.blogspot.com/2009/05/complainant-cannot-seek-remedy-under.html

indrajit mukhopadhyay (Expert) 28 February 2011
sec. 498A SAYS regarding torture committed by husband and relative of husband.
in D V Act a lot of reliefs are there u/s18/19/20/22 and all are applicable.
so there is no bar to file both the cases.

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