criminal case
sathya
(Querist) 02 January 2014
This query is : Resolved
Hi i got harassed for dowry domestic violence and othee harassments of my husband who has illegal relationship. I hv sufficient proofs to prove all harassments. I dnt want t go to police station. Can i file domestic violence case directly in court? My main motto is to get him and his parents to suffer with punishments? Pls advice...
sathya
(Querist) 02 January 2014
Pls advice
Devajyoti Barman
(Expert) 02 January 2014
Yes, you can file domestic violence case directly in court but in this case you can not get your husband arrested.
For arrest and punishment you have to initiate 498A case for which at least one complaint needs to be filed in local PS which may be of matrimonial place or your parental place.
sathya
(Querist) 02 January 2014
My lawyer mentioned dv act 2005 sec 18, 20, 22 in his petition to court. In future he said add one more petition for 498a. Will that work out? I heard that my husband can get stay order if i file case via court? Pls advice on the following?
1. Is thr any difference in punishment by making complaint via police station or via court?
2. Is my husband eligible to file stay order?
3. I hv all docunents to proove his faults. Is thr anyway like bail or stay order or etc..,he can try to escape from legal proceedings?
4. What s the punishment under dom.vio dowry and bigamy. Adultery..
ajay sethi
(Expert) 02 January 2014
no stay order will be granted . your husband will get anticipatory bail if you file 498A case . it will further worsen your relations with your husband and his family members .
better file DV case only . court will help you in arriving at compromise as case would be referred to mediation
sathya
(Querist) 02 January 2014
I dnt want his relationship. Im gonna apply for divorce aswell simultaneously. I want to get him all punishments. Pls advice... Is thr any way for him to get escaped?
Devajyoti Barman
(Expert) 02 January 2014
No is the answer for your first three questions.
For punishment read book.
You are assuming too many things even before the case is initiated.
To test water you have to take a plunge.
Rajendra K Goyal
(Expert) 02 January 2014
1. No
2. No
3. No
4. Let the case be decide, charges be proved.
