Caw and 498a
rimi
(Querist) 23 March 2015
This query is : Resolved
can a person file directly 498a instead of going to caw. or is it more effective to go by way of caw .
also if the victim left house 2 years before and filed complaint in women cell after 1.5 years, then is it still valid for filling 498a. as i have heard that a victim need to file it within 2 years. in this case will the date of case registration willl be date of registering case in women cell or the date women cell sends it to court?
Devajyoti Barman
(Expert) 23 March 2015
state your actual problem that making comment on hearsay events.
SAINATH DEVALLA
(Expert) 24 March 2015
U have to come out with the total case details
rimi
(Querist) 24 March 2015
my husbande forced me for lot of dowry and glod. after much heated discussion they first gave some part for my expense,. but kept harrasing me for details and expenditure. kept taunting me, humiliating me, beating me for more glod ,shouting me . i spent many nights sleepless bec of his fights at night. he and his family asked for money, jewellry,clothes for every one and expected my expenses to be paid by them. we refused. i got pregnant . he tried to force me for abortion. and sometimes locked me, thretnd me.i came back to my parents many times. ultimatly left theirs as my pregnancy was going worse. i hv a son now. and they r avoidng contact.
can i ;
also my husband forwarned me that if ill continue with my pregnancy tht the child he would kill the child. a person who stoops so low as to cause so much physical, mental torture to a wife durinf pregnancy.
now will u pleaes answer my query now.
SAINATH DEVALLA
(Expert) 25 March 2015
U can file 498A any time. U should have filed 498A and DV then itself before U left the house.immediately file a petition in the women's cell quoting the facts and reasons for leaving the house.
rimi
(Querist) 26 March 2015
sir i have given application in cell but want to know that whether 498a has to be filed in court by me separatly, and whether there is some time limit like 1 year or 2 year in which the person has to file case in court in 498a
SAINATH DEVALLA
(Expert) 26 March 2015
NO,U need not file separately,..just file the complaint in CAW CELL (CRIME AGAINST WOMEN CELL ) in your nearest police stn under 498a and dv . but remember u should have sufficient proof before filing 498a so that u will win this fight against ur husband and in laws.There is no time limit.
T. Kalaiselvan, Advocate
(Expert) 27 March 2015
You have been advised properly, you may go ahead with the criminal complaint against your husband narrating the details of the cruelties and humiliations meted out to you, the police will take necessary action as envisaged in law. Besides you can file a domestic violence petition before the judicial magistrate or with the district protection officer seeking reliefs as per the provisions of the act.
