Arvind Singh Chauhan (advocate) 11 August 2016

D v act after compromise

Sir, In a case filed by wife under DV Act, compromise was filed that husband will maintain his wife and child separately apart from in laws. Court also passed such order making compromise, the part of judgment. Now husband has carried wife and children to his parent's home. Where all, including mother in law are drunkard. Torture is being repeated. As court has passed no protection order and passed only general order. There is no question of breach of protection order. Whether wife can file DV Act again, or 125 or 498 is the only remedy.

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4 Replies

saravanan s (legal advisor) 12 August 2016

If she doesn't want to continue her relationship with her husband she can go for 498a or else she can file a dv case again

Arvind Singh Chauhan (advocate) 12 August 2016

Sir she has left matrimonial home. And the jurisdiction for 498 lies in the Court at Dehradun 450 km far.as the cause of action arouse there. Sir whether DV act may be filed again ? If yes legal question is that how many times?

saravanan s (legal advisor) 12 August 2016

498a is a continuing offence and so can be filed where ever she is staying now.dv can be filed again and maintenance can be availed in the dv case itself

ANAMIKA VICHARE (LAWYER) 15 August 2016

If the wife i not earning, she is defntly depndt on her husband, now taht she acnnt stay there, let her earn herself or take divorce, get remaarried, why to file unnecesasry legalproceedings wasting govt machinery