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Ramkrushna (Advocate)     14 September 2009

Prosecuted under section 498A of IPC and an order under sec

 Hi Can U pls. tell me that if the accused is prosecuted under section 498A of IPC and an order under sec125 of CrPC for the maintainance and Alimony of the wife has been passed then Can an another suit be instituted under the Domestice Voilance Act.



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 19 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     14 September 2009

Yes. there is no bar to file another complaint under section 12 of The Domestic Violance Act as this act is in addition to aforementioned provisions.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     14 September 2009

first and foremost, please understand that 498A is a draconian law, and you will need to understand it well to fight against it. It is very much misused by disgruntled wives.

 

Get in touch with SIFF(Save India Family Foundation).

Search the net for 498A.  498A's prime purpose was to prevent dowry deaths.

Whatever happened in your panchayat, legally it will have little value. Though you can use, that document which says that you have returned everything.

 

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     14 September 2009

ALL FAMILY COURTS AND CRIMINAL COURTS( ALL RELIGIONS ,IRRESPECT OF THEIR LAWS) SEEKING RELIEF ON DVA,498A AND125 CrPC.THE ACCUSED ARE BECOMING SCARRED WITH THEIR WIVE, FORCEBLY ENTERING COMPRIMISES ,THAT IS THE FATE OF INNOCENT HUSBANDS WHO R FALLING UNDER ABOVE SECTIONS..

Anil Agrawal (Retired)     14 September 2009

 To escape from 498A and DV Act, one should not marry or have live-in relationship.

gfhgfh (hfh)     16 September 2009

yes its an alternative remedy

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     26 September 2009

Yes, she can file.


(Guest)

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

MOBILE.09325226691, 09271971251

e.mail.adv.nbsawant@yahoo.co.in

e.mail.nandkumarbs@sify.com

REGARDING DOMESTIC VIOLENCE ACT KINDLY NOTE THAT.

1.WIFE CAN CLAIM MAINTAINENCE UNDER THE DOMESTIC VIOLENCE ACT EVEN IF MAINTAINENCE IS ALREADY GRANTED TO HER UNDER PROVISIONS OF CRIMINAL PROCEDURE CODE SECTION 125 @ RS.1500/- PER MONTH. KINDLY NOTE THAT INCOME OF HUSBAND AND DEPENDENT FAMILY MEMBERS AND NO INCOME FOR WIFE WILL BE DECIDING FACTORS. WIFE CAN GET ADDITIONAL MAINTAINENCE UNDER DOMESTIC VIOLENCE ACT  PROVISIONS,  OVER AND ABOVE THE AMOUNT OF MAINTAINENCE ALREADY GRANTED TO HER UNCER CRPC.SECTION 125.

2.EVEN SHE CAN GET PROTECTION ORDER AND SHARE IN HER MATRIMONIAL HOME WHERE SHE RESIDED WITH HER HUSBAND.

KINDLY SEND EXACT DETAILS SO THAT ANY FURTHER HELP AND EXPLAINATION CAN BE GIVEN.

WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS

THANKING YOU

YOURS SINCERELY

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI), ADVOCATE.

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     27 September 2009

Agreed with Nandkumar.

Anil Agrawal (Retired)     28 September 2009

 Draconian law

Shahbanoo case

Domestic Violence Act

498A

Soon the institution of marriage will be the thing of the past. 

Equality and women's liberation - a price has to be paid and men folk are paying.

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     28 September 2009

Anil ji marriage is not necessary. DV Act is applicable in the case wherein without marraige also lived together.............so it is endless.

Anil Agrawal (Retired)     28 September 2009

 Yes, that is correct. It was a sin to live with a woman without marriage. Now live-in relationship has got legal sanction, the lady and the children begotten have equal right. Maharashtra Government was trying to pass a law in this respect. I think it has been temporarily shelved. They are waiting for the election. Family strife is bound to increase. Divorce and alimony - order of the day.

B.N.Rajamohamed (advocate / commissioner of oaths)     28 September 2009

Mr.Ram,

                              Already a prosecution under section 498A I.P.C. exists. When it is so another prosecution under domestic violence act is an abuse of process of law and it tantamounts to double jeopardy which is constitutionally tabooed U/A 20(2) of the constitution of India

 

Rahul Tandon (MANAGER )     12 October 2009

My marriage was soleminized on 27.02.2009 and my wife after living two months with me filed a false & frivilious case under section 498A for dowry harrasement .Criminal Compalaint was filed for all the four members of my family i.e my father,mother,sister. Now, we want to file a quash petition for getting out of alleast my sister & father who live outside J & K .sister in Panchkula & father is presently posted at Pathankot.Now I want the relavant court judgements to support our quash petition.How can I get relavant case laws pertaining our case of 498A.Kindly advise..........Rahul -Mob9419213689

Anil Agrawal (Retired)     13 October 2009

 120 decisions of Supreme Court in 498A cases are listed in Supreme Court's website https://judis.nic.in/supremecourt/fsrgqry2.aspx Do some research to see if you can get some relief under any one of them.


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