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manwinderkaur (Vice President)     14 August 2013

Dowry case in pendency of divorce

Can Case against Dowry and Domestic violence filed by a wife even if the husband has filed a divorce petition.

I am astudent of Law and I have an interesting case. A clever husband had a plan to remarry some where but in order to get rid of his wife he filed a divorce petition on the grounds of adultry against the wife on the basis of some phone calls and sms relating to his wife and her treating doctor. The lady was suffering from depression because she didnt have any parental support  and was a victim of domestic violence who was helped by the doctor at times when she was about to suicide. Her fatherinlaw also took advantage of the occassions and many times tried to attempt on her which was the main reason for depression. The doctor tried to conveince the husband to help his victim wife from the hands of his father which broke the hell and they manipulated stories against the doctor and the lady. Now the case is pending adjudication for divorce. Can the girl file seperate case for dowry and domestic violence against the inlaws as they beat her and threw her on road on the day she was quited from the house of inlaws. Now shes staying with her friends who are supporting her. She has filed an application under the HMA for maintainance also. Dowry was the main reason for which the domestic violence occured. 



 1 Replies

manwinderkaur (Vice President)     14 August 2013

Yes you can file a seperate complaint under 498A and domestic violence against the inlaws as divorce is a civil suit and 498A is a criminal case

both can go simultaneously .Rather the criminal case can even stop the proceedings of teh divorce petition till the criminal case is not resolved or settled 

by the court. Civil matters are compromised but criminal matters are never compromised .


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