After dv case 498a/ domestic violence

I think u r saying after divorce is it possible to file 498a & Domestic Violence right ?

Currently Divorce case is in 1st stage i.e. mediation

DV and Domestic Violence are the exact same thing. 498a and DV can be filed at any time..even after divorce and even after 10 years of seperation. Thats how stupid Indian laws are.

Hi Querist,

Firstly, DV = Domenstic Viloence. So as you stated, DV is already filed by the wife, she cannot file it again. Secondly, same allegations cannot be put into two separate FIRs or complaints. However, if wife alleges other set of allegations, then even 498a is maintanable in the court of law.

@Slinger

I beg to differ from your views. Althoug I agree to the extent of biased nature of the laws however you seems to have exaggerated the same.

May that be 498a or DV, can only be filed if aggrieved is living with the accused. These are laws to protect a female from the aggressor in a domentic relationship. If there exists no domentic relationship, then even 1yr delay in filing a case is sufficient to throw away the claim in a court of law, leave aside 10yrs.

//peace

/Saurabh..V

Dear Saurabh:

The question here is whether 498a and DV can be filed after 10 years, the answer is yes, specially if you are able to manage the police and the PWDA. Whether the 498a of DV hold up in the court of law is a total different issue. 

Refer to this thread:

https://www.lawyersclubindia.com/forum/Can-dowry-case-be-filed-after-7-years-of-marriage--45398.asp#.U9pe2vmSyVM

Also, as a counsler at Save India Family, an organisation which counsels 498a and DV false case victims. I have seen (my own friend is going thru it) the wife file 498a in Kolkatta and Hyderabad. When my friend approached the court in Kolkatta, the judge said finish off in Hyderabad and then approach him.

Another friend's wife separated from him in 2008. Filed 498a in 2010 and then DV in June 2014. Both the cases have been taken cognisance by the trial court.

Another friend in Gujrat is facing 498a and DV. Wife left him after 6 hours of marriage. She roped in all his family members. 

The most odd, wife claims all 498a allegations have happened abroad (outside India) yes the judge, without following process of CrPC 188, took cognisance of the case

We think that judges follow the law to the letter. However, we tend to forget that they are humans too and are susceptible to bias as well...specially where a women is involved.