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Zeeshan (Hidden)     31 December 2011

Confusion in dv act....

 

 

Originally posted by :N.K.Assumi  at https://www.lawyersclubindia.com/forum/Application-of-sec-26-of-dv-act-49328.asp
"
The act by itself does not punish the perpetrators of domestic violence, but if a case discloses any offences punishable under IPC, CRPC or Dowry Prohibition Act, the Magistrate may frame appropriate charges and try the case himself or commit the case to the Sessions Court for trial, that is why it is diabolical Act, as seen in section 26 of the act, and even on the sole testimony of the aggrieved person the court can conclude that an offence has been committed by the accused, either actual abuse and threat of abuse and even likelihood of abuse. Indeed, very dangerous Act.
"

 

It's is very confusing.

I think DV act has main 3 points.

1)Residence order

2)Maintenance

3)Punishment

NOW IN MY CASE:-

 

1)Residence order:-My 498 AB order says that girl didnot agrees to return. Means She lost her right of residence ? NA ?

2)Maintenance :- 125 already in progress

3)Punishment: 498a already filled ?

4)Plus DV filled after 1.5 years. 

 

What may be the legality in my case ?

 



Learning

 4 Replies

Sayeed Nazir (Marketing Manager)     01 January 2012

DV case can be done under limitation of 1 year only from the incident date/time
1 Like

**Vikram** (Managing Partner)     01 January 2012

DV case has no punishment  - The case is mainly for money..

1 Like

cm jain sir (ccc)     01 January 2012

Mr. sayeed had given a correct and valid point. I think you might have already taken steps to Quash your DV case.

1 Like

Sayeed Nazir (Marketing Manager)     01 January 2012

Urgently movr to high court and take a stay order its urg most imprtnt
1 Like

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