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Pawan   22 June 2017

How many cases can a wife file on her husband and in-laws?

Respected lawyers,

Could you please let me know, what other cases can wife a wife file on parents and relatives of her husband apart from 498A and DVC cases?

what's the maximum punishment under Domestic Violence Case in India, when wife demanded Maintenance under DVC act? Also proof of burden lies on whom, when she made false allegations?

Are there any arrests under CrPC 125 maintenance case?

Thanks in advance.

With Regards,

Pawan

 



Learning

 11 Replies

Raja_498a Victim (Manager)     22 June 2017

Hi,

 

Only 498a is criminal in nature and nothing happens in 498a as long as you physically didn't harrass her.

Conviction in 498a is as low as 2% but prepare for 4 to 5 yrs of battle.

DVC is just maintenance but only if DV happens final maintenance will be awarded.

 

If you don't have kids then DVC also gets dismissed.

 

Remember burder lies on wife to prove which is difficult beyond reasonable doubt.

So nothing happens in DVC as well.

 

Apart from 498a and DVC she can file crpc 125 for maintenance but multiple maintenance cases are not allowed if DVC already filed.

 

Then she can file divorce and she can file HMA 24 to ask maintenance again in divorce.

 

In general all case run 4 to 5 yrs and ends in compromise with "X" amount if both fail to live together.

Just have patience and fight and nothing happens in 498a as long as u didn't hit physically.

Conviction is as low as 2%.

 

 

 

 

 

 

 

 

1 Like

Pawan   22 June 2017

@ Raja...

Thanks a lot Brother for your valuable suggestions.

@ Funnyfacts.

Brother, me too know that these are funny facts. Problem is my grand parents also included in false DVC case (who are in their 70's now). They are also attending to court along with me & my parents. My lawyer somehow managed honorable judge and we are attending on the same day for 2 cases (498A & DVC).

I am ready to face N no of false cases. I didn't do any mistake and I can fight for justice. My parents & grand parents are suffering bcoz of me. That makes me feel sad. That's why I just want to know about other cases that my wife can file on my parents.

Hope you got my point.

 

1 Like

Raja_498a Victim (Manager)     22 June 2017

Go for quash in HC for DVC and ask to remove ur grand parents name.

 

2 Like

Pawan   22 June 2017

Sure Brother. Could you plz give some more information about 'Quash'. I mean what we need to mention from our end in the 'Quash'?

Below 2 are her main allegations.

1. Besides me, my parents and grand parents also harrassed her for extra dowry. (Most common point in all DVC cases)

2. I would marry another girl, if she didn't bring extra dowry. My parents & grand parents also supported my decision. She mentioned that 2 of her village elders are witnesses for her allegations. But still I am living alone and I don't have any affairs even.

With Regards,

Pawan

1 Like

Sachin (N.A)     22 June 2017

For DV Act case: Respondents other than the husband need not to appear. Laywer will file exemption application on their behalf and will represent them in court. Even if court rejects the exemption application. they do not need to appear let the court proceed case as declare them exparty.

For 498a: File exemption application who are facing difficulties appearing in court.   

1 Like

Raja_498a Victim (Manager)     22 June 2017

If you go to high court and ask to dismiss the DVC case then first HC put stays on proceedings.

 

Later HC doesn't dismiss the case rather direct lower court to conduct trial and then u can ask to remove parents/grand parents name. HC based on merits will remove the names.

2 Like

Raja_498a Victim (Manager)     22 June 2017

Also remember...

Let her put 10 witness or write 10 more allegations on you nothing will happen.

 

After 4 to 5 yrs of case it will be dismissed. U need to have patience to fight 7 yrs

Pawan   22 June 2017

@Sachin

Thanks for your suggestions.

@ Raja

Thanks a lot Brother. You gave me much needed moral boost to fight against all the false cases.

 

 


(Guest)
Originally posted by : Sachin
For DV Act case: Respondents other than the husband need not to appear. Laywer will file exemption application on their behalf and will represent them in court. Even if court rejects the exemption application. they do not need to appear let the court proceed case as declare them exparty.

For 498a: File exemption application who are facing difficulties appearing in court.   

Are you a Lawyer?

Kunuthur Srinivasa Reddy   03 July 2017

Never opt for out of court settlement for maintenance. Time, money and patience are common for both the parties. Do not carry the impression that the opponent party is not suffering since the burden  of proof lies with the opponent client and it is a hell for them to prove false allegations. Even the Supreme Court of India has ceased of the misuse of 498a and 406 and made strictures on different cases. Do not dilute your stand taken while responding to the Petitions filed by the opponent client. 

1 Like

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