My wife filed a 493A/504/506/ 406 case against me for which I was granted a bail. I have a question that can she file a case under DV act further and If yes will I face arrest under DV act If I have secured a bail under the above sections. DV case shall not be ideally allowed when husband/wife are living seperately.
what are the options available to me to safeguard my interests..
1. Tell us month / year she left matrimonial home ?
2. Yes, she can also file very well DV and other cases.
3. Bail in 498a IPC has nothing to do with DV as if prime facie if she gets interim relief under various Sections of DV complaint and if there is any breach of Protection Order under DVA then only fine and or imprisionment procedure there. From inception till date I have heard only 2 protection order breach for which husband went to jail but those two were cases where husband says come waht may he will not pay any maint. under DVA.
Rgds.
G. ARAVINTHAN (Legal Consultant / Solicitor) 16 July 2010
even she can file domestic violence in case of phone calls from you
Legal Fighter (Advocate) 16 July 2010
she can file DV case anytime. DV Act is quasi criminal law wherein relief is of civil nature and procedure followed is criminal in nature. So there can't be any arrest and the refliefs granted are just civil like maintenance, residence, monetary compensation etc. So need not to worry about arrest in DV case.
dawood ahmed (advocate) 16 July 2010
Mr. Legal Fighter is more clear to the quiery sought and I agree with his views.
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