Domestic violence
pravin
(Querist) 23 July 2014
This query is : Resolved
my wife has filed dv case against me 11 months after filing 498.can he do soo and what i must do to tackle this case.
thank you
Nadeem Qureshi
(Expert) 23 July 2014
Yes she may file the cases against you. Fight your cases on merit
M/s. Y-not legal services
(Expert) 23 July 2014
You have to consult your advocate. If that case is fabricated mean you can face it before court of law
Gopal Verma Advocate-on-Record
(Expert) 24 July 2014
Yes she can file as in law there is no restriction however, you can contest the same on merits taking assistance of some good lawyer.
ROHIT SHARMA
(Expert) 24 July 2014
1. I think that if she has already filed a criminal case u/s 498-A I.P.C. then filing a complaint under the P.W.f.D.V.Act, 2005 is superfluous since even the latter matter would be forwarded as complaint inducing attraction of s. 498-A I.P.C. in wake of the failure of the process of mediation and counseling.
2. Yet, since this complain under D.V will be relegated for mediation and counseling by the C.A.W cell and this will give you an opportunity to reconcile the issue with her and the complaint already filed u/s 498-A I.P.C. by her can then be withdrawn by her. Try to seize the opportunity and rescue yourself.
3. If need be contact this lawyer for further private legal consultation to resolve the issue of your query.
Adv. Rohit Sharma.
(B.Sc. L.L.B. L.L.M.)
(M) : 0-9824047971.
E-mail : lawgate1349@gmail.com
V R SHROFF
(Expert) 24 July 2014
498A is to get back stridhan,and harassment/ arrest to in laws to get quick alimony & divorce,
Dv to get mtn+ residence etc..[ as 498a trick did not work .. ]
so aim & objectives are different, and need to be defended.
V R SHROFF
(Expert) 24 July 2014
Experts pl do not advertise here..
No invitation.
nobody do it here...
Querist can get your details from your Profile // or send you PM .. No need to invite here
T. Kalaiselvan, Advocate
(Expert) 25 July 2014
Agreed that a DV can be filed subsequent to police case of 498a, it is legally valid, however the sustainability is to be challenged based on the merits and facts on your side, be in touch with your lawyer and cooperate with him in all manner to succeed in the case.
