prabhamurthy (mediator) 31 December 2010
Inwant to know whether a victim of harassment in a relationship of marriage as wife take remedy under 498A and Domestic Violect Act simultaneously? There is a complaint filed under 498AIPC with police pending. Since husband is trying to throw the wife and children out of the residence she has filed a petition under S.12 of Protection of women from domestic violence Act. Are both simultaneously maintainable? what is nthe explanation on maintainability?
Arvind Singh Chauhan (advocate) 31 December 2010
Yes both are simultaneously maintainable. Please go through Sec 5 (e) of DV Act.
Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com) 02 January 2011
both are maintenable and u will first get remedy under domestic case and can demand to reside in the same house.
whizkid ( ) 19 February 2011
I am facing a false 498A case from my wife for extorting money and quick divorce. We are working on our defense.
She is staying away from me since June 2010. She filed a 498A case in Nov 2010. Now, the wife's family is sending threatening messages through their lawyer, that, now they will file Protection using Domestic Violence. Upon querying with our lawyer, they told that DV is not applicable as the person is not staying together and more over once 498A is filed in the police station (referring to a judgment from Madras High Court in 2009 about double jeopardy here,
Can you please confirm or comment?
Thanking you in advance.
Ambika (NA) 19 February 2011
Yes, they can file for protection under DV. DV can be filed even if wife is living separately, and here, if I have not read it wrong, she has been in a domestic relationship till 2010.
To borrow from TajjobsIndia Ji, I am open for correction on what I have said...
Avnish Kaur (Consultant) 19 February 2011
yes , she can seek relief under DV act too.
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