mohan 02 November 2016

Domestic violence Act... information.

Dear Experts,

Please help with the following :

1. 498a, 406 were filed on me. after investigation, the IO has removed 406 as there were no incidences or proofs of dowry. Now, only 498A is left which is a bailable offence. Can i file another divorce case on her on the basis of false FIR ? then can i further file a defamtion case on her ?

2. She left the house almost 1.5 year back, but domestic violence case filed now. Someone told me that the DV filing is limited to only 1.5 years else, it is not even submitted by the courts or can be challenged easily. What does the DV law say ?

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2 Replies

(Guest)

DV law says lot of things. For magistrate to read your reply it will take 2-3 years, later you can prove your time limit to file dv in another 3 years. Say in a decades time court will give orders. You can file any case u want, 499 13 (1) I, all cases will march together. 498a is non bailable and non compoundable offence in Ap. Check which state the case has been filed. File counter 498a on her. Best way to fight 498a.

Sachin (N.A) 02 November 2016

Your information is wrong

1. Section 498A of the IPC deals with a non-bailable offence, which applies to a husband, or relative(s) of a husband, of a woman, who is/are subjecting her to cruelty.

2. What is the meaning of " Can i file another divorce case on her on the basis of false FIR"

if you have already filed the divorce case , how can you file another

3. Who told you that FIR is false, Does court said that or it is your interpretation?

DV Act:

There are some judgements in which court said that DV act case cannot be filed after one year of sepration. but gerenally most court do not accept that because DV act deals with many reliefs like maintenaince and granting interim maintenaince to ladies is the first priority of courts. So better to defend the case on merits.