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Pranav Kumar Mishra (Exec. Engineer)     21 October 2008

Can a DV case still be filed and what are the consequences?

Hi all,

498a was filed upon me and my family 11 months back (Nov 2007).. and my wife is away from me for more than 1 year and 6 months.. Can a Domestic Violence Case still be filed against me?

If yes, what will be the consequences? How can I protect myself and my family? Please inform in detail..

Regards..

Pranav Mishra



Learning

 5 Replies

K.C.Suresh (Advocate)     21 October 2008

Section 5 (Chapter 5) Definition of domestic violence.


 


3. Definition of domestic violence.-


For the purposes of this Act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it -


(a) harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, s*xual abuse, verbal and emotional abuse and economic abuse; or


(b) harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or


(c) has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause (a) or clause (b); or(d) otherwise injures or causes harm, whether physical or mental, to the aggrieved person.


Explanation I.-For the purposes of this section,-


(i) "physical abuse" means any act or conduct which is of such a nature as to cause bodily pain, harm, or danger to life, limb, or health or impair the health or development of the aggrieved person and includes assault, criminal intimidation and criminal force;


(ii) "s*xual abuse" includes any conduct of a s*xual nature that abuses, humiliates, degrades or otherwise violates the dignity of woman;


(iii) "verbal and emotional abuse" includes-


(a) insults, ridicule, humiliation, name calling and insults or ridicule specially with regard to not having a child or a male child; and


(b) repeated threats to cause physical pain to any person in whom the aggrieved person is interested.


(iv) "economic abuse" includes-


(a) deprivation of all or any economic or financial resources to which the aggrieved person is entitled under any law or custom whether payable under an order of a court or otherwise or which the aggrieved person requires out of necessity including, but not limited to, household necessities for the aggrieved person and her children, if any, stridhan, property, jointly or separately owned by the aggrieved person, payment of rental related to the shared household and maintenance;


(b) disposal of household effects, any alienation of assets whether movable or immovable, valuables, shares, securities, bonds and the like or other property in which the aggrieved person has an interest or is entitled to use by virtue of the domestic relationship or which may be reasonably required by the aggrieved person or her children or her stridhan or any other property jointly or separately held by the aggrieved person; and


(c) prohibition or restriction to continued access to resources or facilities which the aggrieved person is entitled to use or enjoy by virtue of the domestic relationship including access to the shared household.


Explanation


II.-For the purpose of determining whether any act, omission, commission or conduct of the respondent constitutes "domestic violence" under this section, the overall facts and circumstances of the case shall be taken into consideration.


2. Definitions.-In this Act, unless the context otherwise requires,-


(a) "aggrieved person" means any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent;


((f) "domestic relationship" means a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are family members living together as a joint family;


((q) "respondent" means any adult male person who is, or has been, in a domestic relationship with the aggrieved person and against whom the aggrieved person has sought any relief under this Act:Provided that an aggrieved wife or female living in a relationship in the nature of a marriage may also file a complaint against a relative of the husband or the male partner;











 


 




 

Pranav Kumar Mishra (Exec. Engineer)     21 October 2008

Suresh sir, you have explained it all.. But still, it doesn't sort out my querry.. I asked if DV case can be filed against me with 498a already running and with wife away for more than 1 year and 6 months.. And if yes, how to protect myself and my family..
Thanks and regards.

Ajay kumar singh (Advocate)     21 October 2008

So far I understand,under the principle of double jeopardy one can not be prosecuted twice for same act or omission. If a DV case is filed against you it will be too weak.

Jatin Sapra 9312223345,Delhi (Advocate)     22 October 2008

Yes , DV act case can be filed against You If the accurance of the act will be shown after the enforcement of the act ibid.It can be filed if ur wife able to show that the voilence wasor has been  commited afetr the enforcement of the act  because this act doesnot have restropective effect but still the case can be filed through showing like continuation of domestic voilence as the defination of Domestic voilence is quite vast under the acvt ibid. 

Jatin Sapra 9312223345,Delhi (Advocate)     21 October 2008

Yes , DV act case can be filed against You If the accurance of the act will be shown after the enforcement of the act ibid.It can be filed if ur wife able to show that the voilence wasor has been  commited afetr the enforcement of the act  because this act doesnot have restropective effect but still the case can be filed through showing like continuation of domestic voilence as the defination of Domestic voilence is quite vast under the acvt ibid. 


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