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Niraj Aalia (Executive)     18 June 2011

Should we got 4 DV or Maintenance or Both?

Hi, My Sis got merried in Nov 2010 and within 2 months after merraige her in laws started torchering her. We have filed 498a against them and now we are fighting for SHREEDHAN. Her Husband earns more than Approx 50000/month, exact salary we don't know. Can somebody guide us that should we go for DV OR Maintenance or both? If yes what r the chances of getting monthrly compensation?



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 8 Replies

Adv. Chandrasekhar (Advocate)     18 June 2011

In my opinion you should go for DV case.  It will provide maintenance, as well as provision to recover stri-dhan and also a provision for shared household (if she desires such a relief).  In maintenance case (Section 125 cr.p.c.) she is entitled to only maintenance. 

adv. rajeev ( rajoo ) (practicing advocate)     18 June 2011

DV act is best option as answered by Adv. Chandu.

Adv Aileen Marques (Lawyer)     20 June 2011

DV is a better option as it calls for speedy disposal and has a wide scope under monetary relief. Depending on which state in India you belong.. you could be guided further.

Amit Parmar (Junior Lawyer)     22 June 2011

Mr. Niraj 

                  Iam agree with my above senior friends that DV is the best in your case but I know one of judgement of the Honorable Apex Court which has laid down the principle that DV can not be file for the same cause of action in the above filed 498a. So as you told before that U have already filed a complaint under 498a Then for you DV act seems to be very vital...

galsober@yahoo.co.in (def)     23 June 2011

@auther!

Its not a cafeteria choice--- whether i opt for DV or 498a or Sec 125!

Be truthful, if any dowry related harassment has happened or not, whether any Domestic Violence happened at all or not, from the one sided story u have told, members are not sure whether its true picture or u r indulging in Legal Terrorism!

Amit (network engnieer)     01 July 2011

As you have already filed for 498A so i think there is no more chnance to be re ubited. If you file maintinance then its quite possible you have to prove domestic iolence which is not easy now a days. and even you get the inter. mainit. thn it will be aound 2k to 3k. SO better to go for a compromis and take sum lum sum amount which will earn you more intrest for your sis livlihood . If you decide to fight the case then you will also be in menatal trauma . Keep your ego aisde and settle it today. 498A case is very long and conviction seems to be 1-2 % and in most cases a compromise will happen after long litigation. So etter go for a compromise today and move on with your life and let your sis move on too her life. Dont waste too much time settle things fast and things about your sis second marriage.

Please remember to keep your EGO aside to resolve the matter.

AMit

Rohit (Private)     02 July 2011

Amit Well Said Rohit

Niraj Aalia (Executive)     02 July 2011

Thanks Amit. Actually we are trying to compromise with them but they are not in favour of giving any money. And also the marriage has not completed 1 year and is about to complete in Nov Month, i heard that as per indian Hindu act one must have 1 year seperation period.

Please guide me in this case what to do? Can we seat for 1 year silently and after file for divorse..

Awaiting Reply.

Thanks,

Niraj


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