Filing of 498a after dv case

Rohit (Querist) 13 September 2017 This query is : Resolved
My sister was being deserted by her husband in 2013. We filed DV case against her husband in 2015 where we have notified that they were demanding dowry as one of the fact along with other acts of violence.

Other party is neither appearing in person in court nor paying interim maintenance regularly.

Now, we want to put 498A case in court due to above reasons. Please suggest that

1. Can we still file 498A now after above scenario

2. Will our 498A application being filed now have Any Weightage after above scenario that desertion in 2013 and DV case in 2015.

Kindly guide Thanks

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Ms.Usha Kapoor (Expert) 14 September 2017
Yes! you can file 498 case even now after DV case in 2015 against your brother in law and other in laws may be arrested.If you pursue these cases to their logical conclusion seriously by letting in evidence and prove that for the sake of dowry they were subjecting your sister to physical and mental cruelty and ultimately deserted her.may result in conviction of your BIL and his family members in DV and 498 cases. You file contested divorce case on the grounds of desertion and cruelty against your BIL and IF your Bil's side lawyer or your BIL doesn't attend the court hearings you maybe granted exparte decree of divorce.