Domestic violence act

Attend date. Or else warrant will.be issued.

498a is criminal case and DV is civil case. DV is for getting maintenance. After receiving complaint court send for mediation . If its fails then case move further amd court decide interim maintenance. Dnt worry she has file case she has to prove her allegation in 498a and DV . Try to gather some evidence of her education or job to reduce her maintenance.

Walkalone and auto hide will be standing as dwarpaalaks of DV court when warrant will be issued.

Section 12 - Voidable marriages :- Any marriage solemnized, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:-

1. that the marriage has not been consummated owing to the impotence of the respondent; or
2. that the marriage is in contravention of the condition specified in clause (ii) of section 5; or
3. that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner was required under section 5 as it stood immediately before the commencement of the Child Marriage Restraint (Amendment) Act, 1978 (2 of 1978), the consent of such guardian was obtained by force or by fraud as to the nature of the ceremony or as to any material fact or circumstance concerning the respondent; or
4. that the respondent was at the time of the marriage pregnant by some person other than the petitioner.

Originally posted by : VINEETH
	Hai all Today i received notice from court in behalf of my wife who filed under section 12 of protection from domestic violence act. May i know how it differs from 498a. What exactly the court do when receives this complaints...court called me along with my father and mother , please advice

 

Don't get unnecessarily tense from DV Act.

There is lot of diffrence between DV Act and 498a

498A is IPC section which provides for punishment in case of dowrry harassment. If you had been beaten by your husband seeking dowry.

 

Scope of DV Act is very wide.

This case is civil in nature. Mainly this case is for seeking maintenance, right to reside, temporary custody of child etc.

If your parents do not present during the case proceedings of DV act court can make them exparty and nothing to worry , but you should be present on every hearing to contest the case.

Mainly your wife will try to take interim maintenaince from you. if you handle that smartly then nothing to worry. 

iN CASE YOUR WIFE IS INJURED IN DOMESTIC VIOLENCE CASE. TH E MAGISTRATE OF dv ACT SUMMONS YOU TO INQUIRE AND  pAY COMPENSATION TO HER.(sECTION 12 OF DV ACT)aS  FAR AS SECTION 498 a ipc IS CONCERNED IF YOUR FAMILY MEMBERS ARE HARASING YOUR WIFE INCLUDING YOU FOR DOWRY OR  TREATING HER  CRUELLY THE POLICE MAY  TAKE YOU AND YOUR fAMILY MEMBERS INTO pOLICE CUSTODY AND SUBSEQUENTLY WOULD SEND YOU TO JUSDICILA CUSTODY OR  JAIL. IT IS NON COMPOUNDABLE AND NONBAILABLE CASE.PUNISHMENT FOR SECTIOPN 498a ipc IS 3 YEARS IMPRISONMENT AND FINE.If you appreciate this answer please click the thank you button  on  this  forum.

Actually i was trying to save this relationship all these days...but after the case nope.i want divorce .my son is with her ..1 year old..she didnt show me onnhis birthday yeaterday and also put a police case too.. Can i ask for child custody atleast once a week at this stage...

Originally posted by : VINEETH
	Actually i was trying to save this relationship all these days...but after the case nope.i want divorce .my son is with her ..1 year old..she didnt show me onnhis birthday yeaterday and also put a police case too.. Can i ask for child custody atleast once a week at this stage...

You can ask for visitation rights in proceedings of Divorce or Guardianship act 

Many people / lawyers/ judges  think that seeking Visitation rights in DV Act is not possible because DV Act is only ment for women and men cannot ask for any relief.

But i succeed in getting visitation rights during DV Act proceedings with the help of a judgement i am sending you that judgement. I think that will be helpful to you. 

Good luck