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(Guest)

Want to file 498a & DV against my husband

I am a victim of domestic voilance in the hands of my husband & in laws,i have filed for divorce & maintenance in family court & now i have decided to file 498 & DV against my husband.

Pls tell me the entire procedure for filing DV & 498.

Shall i file it in family court or where?

How much expense i should expect for my side?, i m not that financally sound.

What if i couldnt proove it?

What are the pros & cons in filing DV & 498a

Pls help



 18 Replies

anil sahoo (indian air force)     26 August 2013

Hi deepti, as im not the lawyer , im from air force and also my divorce case is subjudice in delhi court,,, u can file dv and 498a case from your parental house . i mean to say whereever is your parental house ...just file the complaint in CAW CELL (CRIME AGAINST WOMEN CELL ) in your nearest police stn under 498a and dv . but remember u should hve sufficient proof before filing 498a  so that u will win this fight against ur hubby and in laws.

anil sahoo (indian air force)     26 August 2013

if you couldnt proove it then might b your hubby will file sec 211 of IPC (false case) against you. 

if you file 498a then the procedure is 

1. they will call ur hubby and in laws and you also for reconcillation matter

2. if it could not be success then they will ask to both of you for making streedhan list , means whatever u hve spent in ur marriage just prepare the list of it and also whatever the jewellery or other items ur hubby family spent they will also make a list of that items.

3. also if it could nt be success then the SHO will ask you further course of action means sho will ask you for FIR against ur hubby and in laws..

4. after this police will arrest ur hubby and in laws and they will file AB anticipatory bail...and the investigation will run out for 90 days...so the procedure will go on like this...

Legal Fighter (Advocate)     26 August 2013

i would advise u to take divorce and move ahead in your li fe. litigations in india doesn't bear much fruit except wasting time and money. anyways 498A can be filed where the cruelty was committed or cause of action happened but DV can be filed where u are residing presently.


(Guest)

Do i have to engage separate criminal lawyer for that?

Shall i file it in family court or where?

How much expense i should expect for my side?, i m not that financally sound.

What if i couldnt proove it? What are the pros & cons in filing DV & 498a Pls help

Adv. Chandrasekhar (Advocate)     26 August 2013

A couple of things I want to say:  As you filed divorce coupled with maintenance case, you cannot dervie much out of DV case.  The DV case provides the relief of maintenance (which case you already filed under different Act) and residential rights in matrimonial home along with protection rights ( an estranged wife who initiated divorce proceedings may not require these rights in most of the cases except in exceptional situations) and child custody (does not appear to be the case in respet of you) and domestic violence compensation (in domestic violences, the courts have propensity of paying pea-nuts in the name of compensation and it is not worth to take the hardship of prosecuting the DV case).  Filing DV case is simple.  Engage an advocate and directly file the petition before the concerned MM Court.  It can be file from the place where you are living or where marriage had taken place or where both had lived together or where presently husband is living, depending upon your convenient place.  In respect of Section 498-A case, you have to file a complaint in the Police Station of the area where actually the harassment has happened and the police / Crime against Women Cell, at first instance, initiate conciliation proceedings and failing which FIR is registered and the case will be referred to the concerned criminal court.  In this case, you have to appear in the conciliation proceedings and later on as a witness in criminal court, if the case is referred there.  In the latter case, as the case is between the State and husband and you are mere complainant, you neee not engage advocate and there will be no costs and in DV case, there the costs depend upon the advocate of status you engage.

1 Like

(Guest)

@  Adv Chandrasekhar

Thank you very much.

I just did not understand last few lines of your suggestions

In the latter case, as the case is between the State and husband and you are mere complainant, you neee not engage advocate and there will be no costs and in DV case, there the costs depend upon the advocate of status you engage.

whearas you have stated that i need not to engage the advocate  & lastly you have said that cost depends upon the advocate of status you engage.

Pls help me to understand

sridher (system analyst)     26 August 2013

if you file what will you get already you filed for divorse & maintanance nothing can be proved in 498a cases in orrissa from last 15 years no body has convicted in 498a case. if you cannot prove the  allegations your husband can go for perjury tha court can punish you with penalty and jail also for abusing the court process


(Guest)
Thanks sridherji.......... Pls give some suggestion about DV also

Adv. Chandrasekhar (Advocate)     26 August 2013

What I was trying to say is that in DV case, you have to engage an advocate and the advocate's fee depends upon his status at the bar and varies from court to court.  If you are not in a position to engage an advocate, the State Legal Aid Committee will provide an advocate from its list free of cost.  In Section 498-A cases if the case is referred to the court by the concerned crime against women cell/police station, you need not engage any advocate, because on your behalf the Assistant Public Prosecutor will prosecute the husband,

stanley (Freedom)     26 August 2013

Over here i see the author of this post tryingt o seek revenge in filing Dv and 498 A when she herself is not sure if her case would suceed or not and all the more she has not stated the allegations . But we see repliers suggesting her to file these cases and advising her  so and so pros and cons . next author of these post would state but sirjee it is difficult to prove domestic violence inside four walls of the bed room .as there is no witness to prove the same .

sridher (system analyst)     26 August 2013

nearly 50k to 1 lakh and wasting of time


(Guest)
Agree with experts. But i request all experts to advise author about what her husband can do & how false DV & 498 become a boomrang. So that she will think hundred time before filing case is she is trying to seek revenge by filing Dv and 498 A .

(Guest)

@Author,

DV should be filed if it happened in reality and you have sufficient proofs. If you cant prove or if you put false dv and 498a, it might fire back on whole of your family.

if you can prove that DV, harrassement happened and convict your husband and in-laws, you will get zero coz, husband and in -laws are inside, and how can they give you maintainance? :P

Think and act


(Guest)

If you are not in a position to hire services of a laywer, why do you bother yourself too much, just get MCD and move on.


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