Dv with 498a
Querist :
Anonymous
(Querist) 22 December 2011
This query is : Resolved
pls advise if below explaination on 498a.org is correct.., specially where it says " if the women complain yet again...
1) What is Domestic Violence Bill ?
Ans: Domestic Violence Bill is a Bill that provides all women in the domestic relationship, whether marriage or live-in, a right to seek legal action against her male partner if she perceives her male partner's conduct is a form of domestic violence. If the complaint is lodged, a protection officer, predominantly a female, will pass restraining orders and give a second chance to reconcile. If the woman complains yet again, the male partner, irrespective of his family background and social status, will be convicted with one year imprisonment and fine of Rs. 20,000/- without any further enquiry..
Shonee Kapoor
(Expert) 23 December 2011
If you can read the incoherent reply, yes it is correct to a large extent, with two riders,
a) RESTRAINING ORDER can be passed by the COURT only and not by Protection Officer.
b) A seperate trial would commence to see whether RESTRAINING ORDERS have been breached before someone gets punished.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 23 December 2011
What is harm if the provision of law is available in the given shape (You called it as bill but it shall become now Act since 2005 and it is applicable as such since then). You should go through the decided case on the basis of the given provisions and then put your specific query on this site so that it may be got resolved accordingly.
Querist :
Anonymous
(Querist) 25 December 2011
sir , we are layman and we do not understand this judicial vocabulary easily and its impact in one lines. Pls. if any one can assist me in translating the above in simple words. appreciate your support well in advance.
ajay sethi
(Expert) 25 December 2011
in simaple language it means that wife or mistress can file complaint aginst husband if she is vctim of domestic violence .
if such csse is file court will pass an order directinghusband not to induge in acts of domestic violence .it is called a restraining order .
opprotunity is give to couple to resolve differnces .
if however husband keeps on indulging in acts of domestic violence wife or mistress can complain again . then court can punish husband for disobeying earlier court order and send him to jail for 1 year and impose fine of rs 5000
Querist :
Anonymous
(Querist) 25 December 2011
Sethi Sir , Very simple and clear answer. Appreciate. Now in my case i am based in dubai and she is in gujarat / india . we are not in contact by any means , emails , phones , etc . and on top of that i have given her divorce through islamic way ( ex party divorce) , from dubai and after that she filled 498a , followed by DV on me and my family. do i have upper hand in this case ? since she filled 498a after 40 days of divorce ( ex party ) ? she ran away two years back from dubai , and total marriage life is more then 7 years. during this time not a single time she uttered abt dowry , dv etc. but when she came to know abt ex party divorce and when jamat called her to collect her divorce papers , she filled 498a.
