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Compensation in dv

Page no : 2

victim (master)     26 May 2017

The maximum punishment in 498A case is 3 years. In our country the conviction rate in 498A cases is very very low.

 

Dont loose heart, fight hard, Moreover in DV case there is no imprisonment, at first stage protection order will be passed and in case the protection order is voilated then criminal proceedings will be initiated.

 

In your case there is no prayer for protection order, your wife prayed for compensation, which is not to be confused and mixed with maintenance and alimony.

 

In order to get compensation she need to prove all her allegation beyond doubt and also she need to explain to the court how she reached to the conclusion that 25 lacs is appropriate for compensation.

 

So dont loose your cool and go for chamber consultation to a good lawyer in your city. show him all documents then he will do the needful. In our country there are many good advocates who now how to contest a DV case, atleast they dont get confused with compensation and alimony.

 

The text of the law is given below: 
Indian Penal Code - Section 498A, IPC 
Introduced in the Penal Code by Criminal Law (Second Amendment) Act of 1983 
(Act No. 46 of 1983) 
498A. HUSBAND OR RELATIVE OF HUSBAND OF A WOMAN SUBJECTING 
HER TO CRUELTY:  
Whoever, being the husband or the relative  of the husband of a woman, subjects such 
woman to cruelty shall be punished with imprisonment for a term which may extend to 
three years and shall also be liable to fine. 
Explanation: For the purposes of this section, "cruelty" means 
(a) Any willful conduct which is of such a nature as is likely to drive the woman to 
commit suicide or to cause grave injury or danger to life, limb or health (whether 
mental or physical) of the woman;  
or 
(b) Harassment of the woman where such harassment is with a view to coercing her or 
any person related to her to meet any unlawful demand for any property or valuable 
security  or  is  on  account  of  failure  by  her  or  any  person  related  to  her  to  meet  such 
demand.

NM (j)     26 May 2017

All the streedhan were given on a stamp paper and i have her receiving with her signature. That happened when petition U/s 13B HMA was alive. But after getting all her streedhan, she refused to withdraw her cases.

(Guest)
Originally posted by : NM
All the streedhan were given on a stamp paper and i have her receiving with her signature. That happened when petition U/s 13B HMA was alive.
But after getting all her streedhan, she refused to withdraw her cases.

If that is the case, you simply fight contest divorced petitoin, take it when court gives it.  Do setup outside, dnot wait for divorce, contest divorce over after 20 years.  Till then you do setup marriage.

NM (j)     27 May 2017

Thank you sir I am trying to fight my case at my own, Can I get a relief U/s 23A HMA (Because cruelty has been done by her o/a of false charges of 498a & 406 on my brother, and 406 on me) to let the Divorce proceeding starts not at Wife place of residence, but at mine?

498 warrior (gd)     13 May 2018

@NM u can file Divorce u/s 13 (i)a on the ground of cruelty and as u can add desertion too. Resealing from mutual consent divorce is itself a act of cruelty u can search Bombay High Court's judgement in regard. Where else u have to look for its jurisdiction

NM (j)     13 May 2018

I am not interested in giving or taking divorce till my cases are pending.

NM (j)     14 May 2018

Compensation for herself.

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