Domestic violence
swaraj
(Querist) 05 March 2012
This query is : Resolved
respected sir my bhabhi filed a false dowry cASE(498-1,323,) against my brother and father through police inquiry on 18.5.2011 ,now my father on regular bail and brother is in ausralia before f.i.r lodged.
now my bhabhi filed divorece case and maintenece case against my brother and filed domestic violence case against my father and brother in court,and court recommended inquiry to child development office, and court fix hearing on 7.3.2012 now my qwestion is that.
1. the divorce case filed by my bhabhi himself ,not by our side ,is it possible to sought maintance from my brother
because the divorce case filed by bhabhi then why we give maintance
2. the 498-a and 323 case already running in court then why my bhabhi filed another domestic case in another judge court
3. what charges of ipc could be in domestic violance
thanks
Adv.R.P.Chugh
(Expert) 05 March 2012
Dear Swaraj,
1) She can ask for maintenance - the fact that she herself is suing for divorce is of no consequence. However her right to maintenance is not absolute - and her inability to maintain herself plus your utter neglect on part of your brother would have to be proved.
2) Domestic Violence case that she has filed after 498a - is a civil case - and is independant on 498A case.
3) Domestic Violence ACt and IPC are different laws.
You've not mentioned whether any steps have been taken to procure your brother's arrest in India and whether trial in court has begun on 498A case ?
Kirti Kar Tripathi
(Expert) 05 March 2012
I am of the same views as expressed by Mr.Bharat.
Shonee Kapoor
(Expert) 05 March 2012
I fully well agree with Mr. Chugh.
Start attending local SIFF meetings and join http://forum.498a.org/
If you think that the undersigned can be of any assistance, feel free to get in touch.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
