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nag (same)     19 January 2010

Queries

1) whats the difference between 498a and DV?

2) Allumuni in istallments and lumpsum (How will they be calculated?)



Learning

 3 Replies

Hardik Mehta (Family Counsellor)     19 January 2010

1. 498a is the criminal case generally coupled with dowry harrasment and taking away of stridhan, while DV is the general cruelty case, which also includes financial compensation for not listening to your wife. In 498a she will not get any financial benefits, but the husband and his family can be send to jail, without investigation. While in DV the interim financial loss is present for the husband without any investigation or trial. Both are lethal, but DV is much more lethal than 498a since 498s is the only initial hiccups of getting the bail.

 

2. Alimony is the lumpsum payment to the wife, while maintenance is the monthly payment to the wife. Generally, the alimony amount is not calculated, but the maintenance amount is calculated. The amount depends on various factors like the take home salary of the couple, dependents of the husband, any other outgoings like morgage of the husband etc.  This is not fixed, but this may not be more than you afford.

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Final destination (S)     20 January 2010

Is there chances to file 498a against wife by husband?

Hardik Mehta (Family Counsellor)     21 January 2010

Final Destination,

498a is only to be filed by the wifes and not by the husband. There is no law in IPC or CrPC or any other criminal law, where the husband can file the case against wife. Only husband can file is for the divorce, RCR or judicial separation and nothing more.


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