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victim (master)     29 November 2012

498a or pwdva2005 which one is suitable/benificial/better

Respected members, in this present scenerio it can be easily observed that for any dispute between wife and husband or his family members the action taken by girl's side is filing 498A or pwdva2005 or some maintenence cases and in some cases all at a time or one after other in a row.

 

Out of above availabe options 498A seems to be cheaper one as this case if fought by state on behalf of her against the husband, so no major litigation expenses. Also in this case no such relief or compensation is given to wife i.e no monetory gains. Needs to make lots of false allegations and also need to lie a lot in court so higher risk involved. Very time consuming as proceedings are very slow. Sometimes jurisdiction constraints.

 

If we look at pwdva2005 it seems like a gift package for such women, High and quick monetry gains in form of interim orders. Residence orders, heavy compensation and many such gifts. No jurisdiction constraints.

 

In case of pwdva who fights the case from girls side State or her lawyer. Does she need to spend money for this case.

498A case can be quashed in few cases. And what about in pwdva cases.

 

for filing false criminal cases there are provisions for punishment in law and what about filing false pwdva

 

Please explain differences between both cases covering all aspects and specially litigation expenses one.

 

( Sorry, my motive is not to waste valuable time of members of this forum but to get help in deciding which case will my wife will tend to file as i know her financial and intectual capabilities)

thanks in advance

 

regards

victim



Learning

 7 Replies

Kiran Kumar (Lawyer)     29 November 2012

dear friend much has been discussed about 498-A and other connecting issues/ laws on this website.

 

It will be better if you explore those discussions and advices on the website itself.

Sanjeev (Lawyer)     29 November 2012

Depends on how strongly she wants revenge from you---498A is initially filed to settle scores as you and your family running for bail and most likely chances of husbands arrest so initially the parents and girl are in offensive mode and want to take revenge by harming husband and family to maximum extent. But once bail is granted there is not much left for them as no more harm can be made through that case just the monthly dates visit to courts. So then money becomes the motive as first one is achieved and to set you free this is the way to nagotiate.

PWDVA2005 is part and parcel and comes as a package deal --sometimes the girls side are very furious and want to punish the boy to maximum extent so they file DV also so to make the pressure more on husband and family. It gets her fast maintenance if not working or resident rights.

The marriage fails may be not due to husband itself but the girls side believe that their daughters life is destroyed and they try to take revenge from husband thru these cases. Some compromise early some compromise later depends on the family strength as they also think tio resettle their daughter

victim (master)     29 November 2012

Sir, after marriage neither myself nor my parents never visited to my in-laws place. Can they still register 498A from their place. Will police overthere entertain their complaint as they cant prove that we visited their place but we can prove that we never visited their place.

 

ofcourse their attitude is revengefull but their financial condition is not that sound so i want to know does it require some money to file pwdva or this case is also fought by state on behalf of her.

ANAMIKA VICHARE (LAWYER)     30 November 2012

Dear, all 498A cases are filed by police after taking bribe from women.....

so she has to spend for and it is the good tool in the hands of women as

the ulterior motive of inlaws getting arrested/detained....defamed is served....

the hubbys/inlaws therefore, submit to the demands of women

whereas although the DVA isf iled by women by paying to the lawyer, they get only residence order i.e. injunction order...

not to evict her from the matrimonjial home but there is alternative to suggest for rent

DVA matters the Magistrates are harassed as they have already burden other criminal mattters....

victim (master)     30 November 2012

Madam, please throw some light on jurisdiction issue in 498a.

thanks in advance

regards

victim

Sanjeev (Lawyer)     30 November 2012

there are no jurisdiction issues if the wife gives a statement along with her parents that you and your family went to their place and threatened them and asked for Dowry the statements are enough. The jurisdiction issue is solved as you went there to their place as per their statement.

victim (master)     30 November 2012

Sir before marriage and after marriage i never visited there place. I can prove that. will that be of some use in future.

thanks in advance

regards

victim


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