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kirankumar (Part time Employee/ student of BL)     01 May 2009

Need guidance

 

  1. 498A case was registered with u/s DP 3&4 and u/s 34 and after a few days DVC Case was filed with same allegations in the 498A case.
  2. NO maintenance was asked in DVC (she was a Govt Employee). They were asking money for mental agony and they were asking the Dowry amount which they said in the 498A Case (but now dowry was paid)
  3. We filed a Private complaint on the opponents u/s DP3 and FIR was Registered.
  4. Now can we ask for stay in DVC till the 498A and DP3 is completed because the allegations in the 498A and DVC are same.


Learning

 10 Replies

Manasi Save (Legal Practioner)     01 May 2009

As per my knowledge u cannot demand stay in DVC proceedings namely for 2 reasons,

1) the nature of proceedings in 498 A it is criminal and under DV Act it is civil so the nature of remedies are totally different.

2) DV Act provides summary procedure well as 498  A is a proper trial  

kirankumar (Part time Employee/ student of BL)     02 May 2009

Hello Manasi Save,

But 2 cases should not be filed with same allegations ?

Manasi Save (Legal Practioner)     03 May 2009

but here in ur case no doubt they are same set of facts but the remedies provided to a victim are totally different In 498 A u are punished for a crminal wrong and under DV Act it is provding protection orders, residence orders, maintenance orders, counseling, service providers which u cannot have access in 498A proceedings.

refer Dennison Paulraj and ors v/s Mrs Mayawinola, decided on 2.4.2008, High Court of Madras 

B.N.Rajamohamed (advocate / commissioner of oaths)     04 May 2009

Sure, you would have approached  the high court under section 482 Cr.P.C. for the quashment of one of the cases inorder to avoid double jeopardy.and till disposal of the petition you would have sought interim stay of the cases . A syou have filed a private complaint now it is too late. You cannot seek stay for the proceedings in the trial court .

kirankumar (Part time Employee/ student of BL)     05 May 2009

Thankyou

kirankumar (Part time Employee/ student of BL)     07 May 2009

Dear Manasi Save

Can you Provide the Copy of

Dennison Paulraj and ors v/s Mrs Mayawinola, decided on 2.4.2008, High Court of Madras 

 

Manasi Save (Legal Practioner)     07 May 2009

Dear KKiran,

I am trying to upload u the judgment but the system is refusing to do so, refer Manupatra, or if willing u can pass me ur email ID whereby I can mail  the same

kirankumar (Part time Employee/ student of BL)     09 May 2009

Dear Manasi

Thanks for sending the Judgment

kirankumar (Part time Employee/ student of BL)     09 May 2009

Dear Manasi

In my DV case she is not asking any residence orders, maintenance orders, counseling, service providers, she is a Govt Employ,   She is asking the dowry amount and asking Money for mental agoni in the DV case. but no Dowry was paid.

Manasi Save (Legal Practioner)     10 May 2009

As per the facts put in by u she cannot demand dowry paid back under this Act  it will be under Dowry Prohibition Act but she can definitely claim right against the mental agony  which will come under (emotional abuse) and can claim compensation for the same. Now futhermore it will issues which have to be proved before the Court to get the appropriate releif. 

Can u pls fill in the interview questions and e mail me


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