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GeetaSharma (Software tester)     27 November 2014

Has anyone filed dv/498a after rejection of maintenance

I am professionally qualified but stopped working after my son was born. I filed divorce on the ground of cruelty and also filed maintenance petition. My maintenance got rejected as judge says my son is 4 years old so I have no reason to seat at home. I am wondering after denial of maintenance has anyone filed DV or 498A ? I do not have any evidence against my husband only threatening emails were sent by my sister-in-law from Doha, Qatar when I asked for separate home away from in-laws. My husband intervened and he shut her mouth. So husband is not at fault in the eyes of law but I can't leave with my in-laws. 



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 3 Replies

Adv. Chandrasekhar (Advocate)     27 November 2014

Firstly, you should go in an appeal against the dismissal of maintenance order, if the ground for denial is only that you should not sit at home when child has grown up to 4 years age.  Section 498-A is only dowry harassment or acute mental cruelty and in your case both are absent.  So, it is not advisable to file Section 498-A.  Next domestic vioilence case, you have not spelt out why you do not want to stay with in-laws.  If there is any mental and physical harassment, then definitely domestic violence case lies.  It need not be that harassment is only by the husband, it can be from the family of husband.  If such harassment is there, then you can file Domestic Violence case. 

Adv k . mahesh (advocate)     27 November 2014

in your case you can go for domestic violence case through the evidence of email conversation and if any evidence from your in laws but you say your husband shut their mouth means he is cooperative to you but why you opted divorce 

and for dismissal of maintenance their is an appeal limitation period before that you have to file in the  superior court 


(Guest)

You dont have a case either ways, as there is no evidence of such harrassment.


Even in email there has been use of un-parliamentary words, nothing much can be proved and it does not come under purview of DV act.  Even if there is a plan of your sister in law to do some physical harm to you, nothing much can be done.  One cannot punish for a thought, but for an act of crime.


Eitherways, if you want to file both DV and 498a you can, thats no big deal.  Many women file to take revenge, as they dint get maintenance.  Its the trend now a days.  And be warned that you will lose both time and money behind these cases.  And if you cannot prove anything in court, your husband can file perjury and get you behind bars for filing false cases, divorce also will be easy to get once you file such cases for your husband.  All the best.


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