498a & dv act

Rajan Kumar (Querist) 10 June 2014 This query is : Resolved
Request esteemed members to guide me over following points:

1. How to prepare the Dowry Admit List & whether to use the reference of guidelines to be followed for investigation and trial of cases under section 498/A IPC issued by OFFICE OF THE COMMISSIONER - OF POLICE CIRCULAR No. 7/2007 while submitting the Admit List to CAW cell ????

2. How to deal with the DV Act (Right to Shared Household & right to Maintenance) as Ms. 498A wants to live with me in order to further harrass me & entangle me in Attempt to Murder Cases????

Thanks,
498A Sufferer

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Devajyoti Barman (Expert) 11 June 2014
1. List of article should be same as these mentioned in 498A case. Apart from this no special rule is there to prepare it.

2. if the house is not belonging to you then she can not be allowed to stay in the house.
If it is yours then you show readiness to provide provision for alternative accommodation in a rented premises.

Sankaranarayanan (Expert) 11 June 2014
Yes I do agree with Barman ji.

ajay sethi (Expert) 11 June 2014
you have not mentioned whether you are the owner of house . if wife wants to stay with you and you apprehend mischief offer her alternative accommodation

Rajendra K Goyal (Expert) 11 June 2014
Well advised, agree with the advice from expert Devajyoti Barman ji.

Guest (Expert) 11 June 2014
Well advised.

R.K Nanda (Expert) 11 June 2014
agree with experts.

Rajan Kumar (Querist) 12 June 2014
Dear Experts,
Thanks for your valuable guidance.
498A has also never consummated the marriage & had also done mental cruelties....NCR filed at nearest Police Stn &...Divorce Petition filed by me on grounds of physical & mental cruelties....I also have Sms sent by her admiiting her culprit.....Now she filed false 498A complaint in CAW..how much my divorce proceedings be affected by her false complaint....nd how to proceed to prove her complaint as false in court & take divorce from this girl???

Rajan Kumar (Querist) 12 June 2014
Dear Experts, Thanks for your valuable guidance. Ms.498A has also never consummated the marriage & had also done mental cruelties....NCR filed at nearest Police Stn &...Divorce Petition filed by me on grounds of physical & mental cruelties....I also have Sms sent by her admiiting her culprit.....Now she filed false 498A complaint in CAW..how much my divorce proceedings be affected by her false complaint....nd how to proceed to prove her complaint as false in court & take divorce from this girl???

T. Kalaiselvan, Advocate (Expert) 14 June 2014
If you feel that you have strong evidences to defend her false cases and are confident about it, consult your lawyer, brief him about the issue and also the evidences in yur possession, challenge her case appropriately on merits, you may get acquitted.

Raj Kumar Makkad (Expert) 17 June 2014
Your divorce proceeding shall have no effect of subsequent 498A proceeding.

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