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(Guest)

DV &498A

I have a question that where a DV case is filed is it in a court or Poloce station. I have been granted bail recently under sec 498A case and am worried of further harassment under DV or Mahila Ayog case. Is there a chance of further arrests under the any other laws as I dont want to be implicated without any notice as it happened in 498A case. Please guide and suggest If I can be arrested without getting a chance of being defending myself.


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 6 Replies

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     16 July 2010

DV act has been filed in the court. Y u r worried? U can call me for further details on 9871158578. I've more option to save u from 498-A.

Parth Chandra (none)     16 July 2010

Mithilesh,

as per my knowledge (As I already have faced 498a arrest) and has been following LCI since six months now.....

You can get arrested only in 498a without prior notice or intimation.
In DV, they would serve you summons/notice and if you don't appear in court after serving of such notice/summons for one or more time (not sure about how many times u can avoid) then they would issue warrant against you.

So don't worry...you won't get arrested once you got bail in 498a (unless you don't obay bail condition or get convicted in 498a)


(Guest)

No arrest in DV case or in Mahila Ayog case.  Hence do no worry.  If notice comes you go and appear yourself and no further arrest will be there.

Legal Fighter (Advocate)     16 July 2010

DV act provides only civil remedy so no arrest and no need to worry.

Shalini Kaul (Independent Legal Practitioner)     16 July 2010

A case under the DV Act is primarily aimed a getting protective orders for the person or property of the petitioner (wife) It is not a criminal proceeding. There is no question of arrest etc. It is only in the 498A case that arrest could take place. The other possibility is if she files a case under Dowry Prohibition Act claiming harassment for dowry. There is a possibility of arrest without notice in such a case.

Victim_Kol (Middle Executive)     16 July 2010

Originally posted by :Shalini Kaul
"
A case under the DV Act is primarily aimed a getting protective orders for the person or property of the petitioner (wife) It is not a criminal proceeding. There is no question of arrest etc. It is only in the 498A case that arrest could take place. The other possibility is if she files a case under Dowry Prohibition Act claiming harassment for dowry. There is a possibility of arrest without notice in such a case.
"

Dear Shalini , what is that  Dowry Prohibition Law other than 498a, which can cause arrest ? Please be clear !


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