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ravi bajaj (DCB)     01 March 2012

498a,dv act contents

like many brothers i too am a victim of the 498a & DV act , below are my points in brief

1.      Married in 2006 in Mumbai(Arranged marriage)

2.      Wife came to abroad Jan 2007

3.      She got a  job in abroad In mid 2007

4.      She left  the country  early 2008 and went to Mumbai and after a couple of days went to surat

 

5.      She filed  a private  498a case on Oct 2008 in surat , against Me ,my mother & my sister.We have never been to surat

 

6.      We filed  an appeal on Feb 2009 in Ahmedabad high court stating that the case is false and it cannot be filed in surat as we were married in Mumbai

 

7.      The high court decision  in 2009 was that a girl can file a case from the place she stays but the investigations officer has to look into the  matter.

 

8.      After that  I got no update on 498a case

 

9.      In April  2009 (before thehigh court decision ) she filed a Dv act case against Me,my mother & my sister

 

10 . I got a call from indian embassy in  feb/12  that there is summon , it was the summon for the DV act case and the case date was on nov /11 , that means I got the summon after approx. 3 months of the case date.

 

AS far as i know there is no fir on 498a as it is a private complaint

The 498a & dv act have 90 % the same contents in  addition maintenance is asked for and its

mentioned that she left behind her jewellery .                            

Q .Can the same case contents be filed for 498a & DV act , can dv act  be quashed on the basis at 498a was filed earlier with same points ?

Q.Can dv act be filed against ladies  ?

Q.Since it’s a private 498a  case ,Can a fir for 498a be filed now after the complaint ?

Q.Would I need anticipatory bail if I got to attend the case

Q. If I file for divorce , will it be against me  or a have negative impact on my cases?

 

 

what other steps can i take ? kindly advise

 



Learning

 28 Replies

Lifeisgreat (None)     04 March 2012

Q .Can the same case contents be filed for 498a & DV act , can dv act  be quashed on the basis at 498a was filed earlier with same points ?

 

NO

 

Q.Can dv act be filed against ladies  ?

 

YES

Q.Since it’s a private 498a  case ,Can a fir for 498a be filed now after the complaint ?

COULD BE I am not sure

Q.Would I need anticipatory bail if I got to attend the case

NO FOR DV

Q. If I file for divorce , will it be against me  or a have negative impact on my cases?

YOU CAN FILE DIVORCE ON CRUELTY GROUND AND PAST 498A ATTMEPT IS A GOOD POINT FOR YOU

ravi bajaj (DCB)     04 March 2012

Thanks for the reply,

 

Since the Highcourt decision for 498a quash was that investigator office has to look into the 498a case& it can run in lower court  and after that i have not recd any update .

Now if i apoint a lawyer to appear for the DV act case ,will that  automatically get the  498a case rolling ? will the court tell the lawyer that the 498a case is also pending and needs to start ?

i am not sure if any fir or charge sheet has been filed yet..

 

what should be done ? 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     04 March 2012

No, DV runs faster.

 

In 498a there might not have been any chargesheet.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

ravi bajaj (DCB)     05 March 2012

i am not clear on the reply ,

 

 if i apoint a lawyer to appear for the DV act case ,will that automatically get the 498a case rolling ? will the court tell the lawyer that the 498a case is also pending and needs to start ?

 

 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     05 March 2012

Not necessarily.


Regards,

 
Shonee Kapoor
harassed.by.498a@gmail.com

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     05 March 2012

Not necessarily.


Regards,

 
Shonee Kapoor
harassed.by.498a@gmail.com

ravi bajaj (DCB)     06 March 2012

Thanks Shonee,

 

What i am being told that the oposite lawyer can ask for both the cases ( 498a & Dv act) to run  simultaneously.as my prensence may not be required in dv act but would be required in 498a and it would be made difficult for me to travel back even if i take AB.

if this is true , is it that its like a trap , that i appoint a lawyer for dv dct and then 498a gains momentum ?

till know i have no update after the high court verdict that investigation officer has to look into the case.

what should i do now ?

 

ravi bajaj (DCB)     06 March 2012

Just to add /// , she is currently working ( also had mentioned in her pettion that she was working earlier) and we have no children

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     06 March 2012

hmmm,

 

Let them try to do so, there is a thing called "exemption application"

 

If she is working, she is not entitled for any maintenance.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com 

ravi bajaj (DCB)     07 March 2012

Thanks Shonee,

As per the high court verdict for the 498a ," The investigation officer has to look into the case "

so what does that  mean ?  what is the process of this investigation ? at what stage and how would i be contacted ?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     07 March 2012

Let him complete investigation, whenever he issues you summons, go there.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

ravi bajaj (DCB)     07 March 2012

Will we require AB before we go ? The case had 3 names .

Since all this is done to harass us , how do we avoid going there ? we are out of india

if i have a lawyer for dv act ,will the summons be sent to me or given to my lawyer ?

can the lawyer not say that he is for dv act and not  for 498a  ?

ravi bajaj (DCB)     07 March 2012

Thanks Shonee,

but in a private complaint  where there is no fir  is there any difference about a role of an investigation officer ?

is a private compalint a better way to harass nri's ? so that tey get summons and case dates without the involvement of the police ?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     08 March 2012

Private complaint means what... One registered under 156(3) or running under CrPC 200.

 

The investigative officer is only under 156(3) where it becomes a state case and is no longer a private complaint.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

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