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help_divorce (SC)     27 August 2011

Dv act

What happens after a lady files a DV case against her husband? Is the process similar to 498a i.e. will the husband and his family members be arrested? Is there any police involvement, do the police come at odd hours and arrest the so-called "accused" or does the court issue summons?


 



Learning

 5 Replies

ajay sethi (lawyer)     27 August 2011

in case your wife has filed complaint aginst you under DV act before magistarte you will be servd with notice evidence is by means of affoidavit . . .she is enttiled to following reliefs maintenance , right of residence in shared household , protection order,compensation order .if you fail to comply with the orders you will be penalised for failure to comply with the order with fine upto 20,000 or imprisonment for 1 year

AAK (Advocate)     27 August 2011

The process under DV act is quite different than the 498 case. You will be placed as Respondent under DV act whereas under 498a you will be placed as accused. hence, no arrest util final order of the court.

upasna (coordinator)     28 August 2011

respected sir,

What if the DV is filed after 3 years of living separately and husband has already filed a divorce case 1 year back.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     29 August 2011

Upasna,

 

DV is maintainable.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

upasna (coordinator)     29 August 2011

thanks sir :). Hope to find a way soon.


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