Dv case pending
victim of dowry
(Querist) 10 April 2014
This query is : Resolved
HI,
I got married in 2007. and my husband and inlaws had asked for Rs 10.5lacs dowry and and 80 tola gold which was duly given by my parents.
Time and gain i was mentally and physically tortured. they used to demand the entire salary and deny me food and kept asking more money from my parents to buy home. i was hit when i was carrying my child and was asked to leave their house in 2010 when my child was born.
Since then they never enquired about me and have kept my 10.5 lacs, salary, gold, household assets etc worth 32lakhs.
i have filed for DVC case which is due (the husbands side has not claimed the registered copies) and 498a FIR is pending to be filed.
Should I pursue to file the 498a as well or DVC is sufficient. Will both generate the same implications
Devajyoti Barman
(Expert) 10 April 2014
Yes, follow both the case in full throttle. it should yield desired dividend.
Engage a seasoned lawyer.
ajay sethi
(Expert) 10 April 2014
it is better to fight both cases .
ROHIT SHARMA
(Expert) 10 April 2014
1. If you have filed a complaint under the Protection of Women from Domestic Violence Act,2005 - then during such proceedings a mediation process would be initiated and in that the instance and relevant facts of physical violence, demand of Dowry too are taken into account and investigated by the Lady Police Inspector and at the end of such mediation you will have the legal right as to confirm prosecution of the accused u/s 498-A, I.P.C. & 4 of the Dowry Prohibition Act, 1961.
2. You need not have to file any separate complaints u/s 498-A I.P.C. or u/s 4 of the Dowry Prohibition Act, 1961, since these both would be initiated in the process if investigation by the Police when you have filed a complaint u/s 5 or 12 of the P.O.W.F.D.V.Act, 2005.
3. Filing of complaint u/s 5 or 12 of the P.O.W.F.D.V.Act, 2005 is sufficient.
Adv. Rohit Sharma.
(M) 09824047971.
Guest
(Expert) 11 April 2014
Well advised.
