Discharge of dv complaint
Victim498A
(Querist) 11 May 2012
This query is : Resolved
On what grounds DV complaint can be discharged? My wife filed a 498a case against me on March 16th and later filed a DV . The DV application or Domestic Incident report or her complaint or any other documents has no date. Even the Project Director counter signed without dates on it. It is filed before magistrate on 10.4.2011. In DV complaint she did not mentioned that she already launched. All columns related to dowry harrasment showing NIL. Pending Litigations also showing NIL. In her complaint also there is no aligation mentioned in 498a that I harrassed her for additional dowry of Rs. 300000/-
Can I ask for discharge DV complaint as per above reasons.
Please advise me. Its urgent.
Sudhakar
ajay sethi
(Expert) 11 May 2012
it is necessary to go through the complaint to advise whether case for DV is made out or not .
498A case stands on differnt footing . merely because she filed 498 A does not mean that she cant file DV . the case filed under DV act may be for protection order , right to stay in shared household , maintenance
you cnanot ask for discxharge for reasons mentioned in your query
Victim498A
(Querist) 11 May 2012
there are lots of contradictions in DV complaint and 498a complaint. The aligations mentioned in 498a must be mentioned DV complaint also or not?
ajay sethi
(Expert) 11 May 2012
no 498 a relates to dowry . DV for domestic violence .
Shonee Kapoor
(Expert) 11 May 2012
Nothing can be said w/o reading the complaint.
Discharge grounds has to be made from the complaint only.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Guest
(Expert) 12 May 2012
No opinion can be given without reading the complaint. The complaint forms the basis of the discharge application.
ashutosh mishra
(Expert) 12 May 2012
The aligations mentioned in 498a must be mentioned DV complaint also or not?
Answer : Not as of any legal necessity.Contradictions, if any,between two
may be utilized by you in defence.
Victim498A
(Querist) 21 May 2012
In Domestic Incident Report the columns regarding Date, Place and Time of Violence are Blank. Only a vague description mentioned. The complainant and Protection Officer Signed on DIR and No date mentioned when they signed. Application to magistrate also no date. It is mentioned only "verified at PD office on" date column is blank. On which date it is verified. Her complaint to PO also no date. Can I ask for discharge on this. Please help me whom can I meet in Hyderabad to show the documents. Her main allegation on the complaint is sexual harassment. Our marriage date is 28.4.1999.
