498a query: pl reply
vickydonor
(Querist) 27 April 2012
This query is : Resolved
Marriage happened in 2007
relations went bad in 2009 and Wife made an application in women cell and also application before court under PWDVA in 2009 alleging dowry harrasment and demand of a car basically during the first six months of the marriage
above actions withdrawn due to compromise(compromise was a neutral compromise without any prejudice to any party which wife's lawyer obtained to withdraw PWDVA application) and both resumed co-habitation.
Pl answer this query
(a) Relations again getting bad and husband expecting fresh case. Now when a fresh case of 498a is filed, can wife mention those allegations which occurred during initial periods(of course as per her and not as a matter of fact)of marriage again in her complaint and isnt those allegations barred by limitations unless she also says that the demand is continuing till date(which is not easy as husband and wife staying separately since then and allegations were mainly against his parents)...?
(b)will the earlier complaint and compromise have any bearing on fresh complaint in the matter of anticipatory bail etc? will it help wife or husband?
ajay sethi
(Expert) 27 April 2012
the objective of courts In DV cases is to help parties arrive at an amicable settlement .
since relations have again turned sour expect more fireworks .
try to visit a marriage counsellor .
as afr as allegations in fresh 498 A case are concerned complaint has to be filed within period of 3 years from date of occurence . if however contention is that it is continuing offence it has to be proved by wife .
you must try to prempt the complaint . contact a local lawyer .
Sankaranarayanan
(Expert) 27 April 2012
well advised by mr sethi, i do stand on his advise
Shonee Kapoor
(Expert) 27 April 2012
As you are cohabiting, there is no question of 3 year limitation happening in your case.
Better join http://forum.498a.org/ and local SIFF chapter.
If you think that undersigned can be of any help, feel free to get in touch.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
