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amrit kumar (job)     25 November 2016

domestic violence case

If wife files false dv case...what are the consequences.. is thr any arrest as in 498a case...any amount payble to wife under this case?? What else i can face in this case?? Wife is govt employee. Need suggestion


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 17 Replies


(Guest)

" If wife files false dv case...what are the consequences...."

=========================

Has she filed yet? Or you fearing about it? Come back to the forum and ask when she actually filed.

 

amrit kumar (job)     26 November 2016

wife filled false 498a and harasment complaint in women cell. case forward to mediation cell. in mediation cell they demanding money. i dont want want to give a single rupee to that b@#$h. since i hv no fault. she lives for 5 day with me. marriage not consumate. so m asking what can i face if she file dv case. since she is govt employee.

Sachin (N.A)     26 November 2016

Originally posted by : amrit kumar
If wife files false dv case...what are the consequences.. is thr any arrest as in 498a case...any amount payble to wife under this case?? What else i can face in this case?? Wife is govt employee. Need suggestion

 

No, In DV Act there is no provision of arrest as 498a, it is only complaint case. She can seek various reliefs in this section but she has to prove  her case before getting any relief. As you mentioned she is govt employee she is not entitled for maintenance.

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     26 November 2016

No. Arrest won't be made.  As she is Govt. employee, the chance of getting interim maintenance is also bleak.

amrit kumar (job)     26 November 2016

Is there any provision in law that husband has to refund the whole marriage cost to wife.?

Sachin (N.A)     26 November 2016

She can claim her stridhan back, and not whole marriage expense

Sachin (N.A)     26 November 2016

She needs to prove the list of stridhan and the items are still in your possession

amrit kumar (job)     27 November 2016

Travel nd lawyer fees is not the issue for me...she want money nd i dnt hv money for her b#@$h. I want her to roam in court nd then come to me for settlment on my term..

amrit kumar (job)     29 November 2016

I have one more query sir.. currently case is in women cell for mediation..nd my only fear is 498a case. Kindly tell me wat can i do.. wat ABO if i apply for antispatory bail. Kindly tell me the procees nd cost of antispatory bail???

sai narayana   30 November 2016

File RCR as protective measure.

Sachin (N.A)     30 November 2016

Originally posted by : amrit kumar
I have one more query sir.. currently case is in women cell for mediation..nd my only fear is 498a case. Kindly tell me wat can i do.. wat ABO if i apply for antispatory bail. Kindly tell me the procees nd cost of antispatory bail???

 

Why to fear from 498a, if her demands are justified agree and get MCD if not let her file FIR.

You can file AB in session court after she files FIR

Nothing to worry.

There is already a order of SC that " No automatic arrest"

Complete judgement:

 

https://www.lawyersclubindia.com/share_files/SC-Judgement-No-automatic-arrest-9439.asp

 

 

amrit kumar (job)     30 November 2016

She is ready for divorce and want money. i am ready to give such money to lawyers instead of her. she will learn a lession nd never ever face toward police or court for false alligations. as she did in my case. i am ready to suffer nd let her suffer too.

can i apply for bail before FIR?????

Sachin (N.A)     30 November 2016

You cannot file AB before FIR.

 

You can apply for notice period,  But there is no need to apply for notice period as supreme court has already ordered the police that " No arrest without the permission of magistrate"

 

Read the complete judgement sent to you.

amrit kumar (job)     30 November 2016

but one advocate told me that u can get antispatory bail now. and he is asking for 50000/- per bail. i dnt kw wat to do . he is also saying that sometimes police dont give time after filling FIR and can arrest you overnight after FIR. some other person saying that somtimes bail is not granted by court. god's kw to whom i shd believe.

kindly advise. wat abo regular bail?


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