Domestic violance

In dv case there is no arrest possible as it is both civil and criminal in nature. As far as 498a is concerned mechanical arrest by police is not possible. Refer to the supreme Court guidelines regarding making arrests in criminal cases which is punishable by less than seven years imprisonment

In dv case there is no arrest .

Dear Raj,

Firstly take note that marital dispute may lead to multiple proceedings being initiated against you, such as - DV complaint, FIR for 498a and other IPC offences and also Divorce Proceeding. 

Out of these 3 issues there only threat of arrest in 498a case. However after the Judgement of SC in Arnesh Kumar's case the Police guys generally dont rush for arrest and time is given for mediation and settlement.

If you still have any doubts or queries, please feel free to ask.

Thanks

Hi,

In above case of friend of mine his wife was having affair with one guy and both of there pics came in hand of my friend,so now if she files false DV case against him can this pics of them help him to defend if yes to what extent??should he tell it to police if they call him in police station for investigation based on complain by his wife for DV??

The pics won't help unless it shows wife’s s*xual encounter. These pics have no evidential value.

In the trial, You can show these pics, if you want to produce a negative inference about wife infront of Judge. But these benefits are minor from a legal standpoint.

You cannot stop her, if she is determined to file DV suits.

 

 

 

Hello

Ektaji

Thanks for your reply and too other lawyers also , apart from her pics with her boyfriend I do have Picture of her real brother with his gay partner where both of them are doing dip love by way of French Kiss can producing this pic help in showing or creating negative image about her family in eyes of judge that both brother and sister are like this belive in unnatural s** kind of activity as far as i know u/s 377 Ipc Lgbt is not legalised in india.Will this help case in my favour by any means

Hello

Ektaji

Thanks for your reply and too other lawyers also , apart from her pics with her boyfriend I do have Picture of her real brother with his gay partner where both of them are doing dip love by way of French Kiss can producing this pic help in showing or creating negative image about her family in eyes of judge that both brother and sister are like this belive in unnatural s** kind of activity as far as i know u/s 377 Ipc Lgbt is not legalised in india.Will this help case in my favour by any means