maxx (pvt service) 06 March 2015
Does filing of DV has the same weightage as that of 498a, as in most of cases, filing of 498a which is false is considered as 'mental cruelty' on husband.....does DV also have the same efffect when considering mental cruelty? especially when the DV petition is sprinkled with tons of accusations of dowry demands?
Swastik Nath (Freelance Lawyer) 06 March 2015
In DV if the complaint is lodged, a protection officer, predominantly a female, will pass restraining orders and give a second chance to reconcile. If the woman complains yet again, the male partner, irrespective of his family background and social status, will be convicted with one year imprisonment and fine of Rs. 20,000/- without any further enquiry..
where as 498a is a dowry related law and DV is only for domestic violence.
In DV no arrests are made and only relief is provided.where as in 498a arrest is made of all those members listed.
The main ingredient in differentiating between DA and 498a is "Dowry" .
sandeep (pvt service) 06 March 2015
the author is right........what happens if the DV case is heavily sprinkled with dowry allegations? then what happens,,? just because it is a DV case, will the court not take cognizance of dowry allegations? or if the DV petitioner fails to prove the dowry points, then is it not mental cruelty?
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