after filing 498A, if Wife files DV, can it be maintainable?

Yes of course DV after 498A that too after many many months, is applicable. There are hundreds of such cases going on. The DV complaint is embellished according to the requirements of DV act while the 498A complaint contains things specific to 498A act. As simple as that!

498A does not directly provide interim money, so DV is applicable!

@ Author 

1. What is the seperation period after filing S. 498A IPC ?
1.2 If there is a long gap then as per Mumbai HC it is not maintainable Re. Kishor v. Sou. Shalini and Ors. (Decided on 30.03.2010)

Just one day marital life, seperated since 6th Sept 2009. After recieving divorce notice from me in Sept 2010, filed 498A in Oct 2010, then in Feb 2011 filed DV.

that sounds shocking!

I think even 498A filed so late becomes a very weak case.

@ Author

Some hints of what I am sayign you may get from;

https://www.indiankanoon.org/doc/1405324/


It is a excellent Judgment from Hon’ble SC on quash though based on;

1. When the girl has taken back all the stridhan and same is mentioned in the FIR.

2. 498A filed after one year of taking stridhan.

3. If hubby and wife stayed for a very less span (less than 2 months) together and wife left on her own wish.

taj sahab,

i shl go pointwise,acc. to points u raised:...

now u tell me smth.,

2. 498A filed after one year of taking stridhan.

cant a husband/inlaws harass wife within this 1 yr. period,even if streedhan was returned?returning a streedhan is no criteria to check that they are good or genuine...they may have returned,only to become gud in eyes of the society and law.now wot happens within the prison(sasural) after this return,only god knows..

I3. If hubby and wife stayed for a very less span (less than 2 months) together and wife left on her own wish.

why do u assume that a husband & inlaws cannot harass within this short period?

suppose they are psycho kind,or have sadist personalities and are known for inflicting torture over the drop of a hat,wud that not amount to cruelty?

i guess u r into medical line.if so,u must have read that certain people have certain "personalities"....so some people are sadist kind also...they like to "punish" for minor human errors by inflicting immense cruelty...i know of one such case where the husband and mum-in-law had strange personalities and tortured the DIL so much during the 1st 2-3 months only that she "feared" talking to her own husband on any normal matter,such as today's temperature and started to lose appetite,as she was daily screamed,subjected to piercing,intimidating stares, and hit for minor human errors...as a mark of punishment

my request...now please dont talk abt false cases or women extortionists...i am referring to genuine cases here...

1. uff brahma muhurat mei heavy hypothesis.......... 
1.2 I will come back to you on this very soon...........
1.3  Meanwhile think what is S. 498a IPC actually this will clarify your own contra-statement under 1

Brahma Muhurat mee saara wisdom hota hai.The universe is full of diviness, Roshni's c.....

- sorry "read it as under 2"
- for your 3 let me meanwhile dust off DSM - IV bible and it is corrected to call it as Ptype - 'sadomasochism' paraphilia bada lamba chapter hai phir kahogi English nahi samazhi......sonch lena eik din ka time de raha hun aab.
- BTW Delhi ki hon sabhi apko 498a miltey hai kya pados mei. So you agree that every 25th. person in Delhi is going to be or is already hit by 498a (this we discovered via RTI analysis from all PS of Delhi for a 4 years period datas)

@Roshni,

This was a legal query, so lets talk about law here. 

@KNK,

A criminal case FIR logded after such a long delay definitely means exaggeration. Was she thinking and drafting the FIR specially according to 498 A requirements ? ... Please try to read between the lines. Also, it shows that she filed 498 A to counter your divorce case. Now just keep your evidences ready for the trial.

Yes, DV can be filed after such a delay. If we talk about whether it SHOULD be entertained, I would say "NO" but if we talk about whether it WILL be entertained, well there is a big YES !

DV after 498A is maintainable but after a long period it is not!

@ Ld.. Sarvesh


I see a great CHANGE OF HEART in you after strongly commenting on my various 498a gyan posts here till date in colloboration with Ld. prabhakar and Ashutosh and that also just after meeting ld. Tripathi recently !


However, the above mild observation besides the point; Bharat Ratna DV is being filed at drop of hat pan India after 498a IPC got a low esteem thumps down by estranged wifes brigage due to production of low quality of evidences and long due process of Courts till disposal and the day is not very far when Bharat Ratna DV will become biggest headache like S. 138 NIA for same judiciary and same ld. Advocates.
Reasoning: Look at the no. of cases filed and disposal ratio in Bharat Ratna DV across India statistics wise taken from RTI replies already posted in one of my recent message in another thread. Currently the Bharat Ratna DV under challenge on longest separation period is that of 8 years and not decided till date even by Hon’ble SC so let us wait till then. Meanwhile if Ld. Tripathi has compared S. 138 NIA and Bharat Ratna DV similarity then present such papers for peer review under his permission if any.

A PROCEEDING U/S 498-A CRPC &DV PROCEEDING  UNDER HINDU MARRIAGE ACT CAN BE ADJUDICATED SIMULTANEOUSLY.

" @Tajobsindia sir , no-one but roshni b sure gonna file 498a against you."

SORRY, ONLY WIFE CAN SUE 498A AGAINST HER HUSBAND,

NOT BHATIJI AGAINST CHACHA