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surya (mgr)     14 February 2015

Dvc stay grounds

Hello, my wife has copy pasted all of the 498a case dowry allegations in DVC case and has asked for relief under section 18,19,20,22 of DVC act 2005. there is no new allegations in her complaint. Since the charge sheet for 498a is not yet filed, can I ask stay of dvc case in high court? it is unfair to continue dvc trail because investigation is not complete on the allegations yet.



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 2 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     14 February 2015

Dear, DVC is a separate right and she can continue irrespective of the fact whether chargesheet filed or not ...... Kapil Chandna Adv 9899011450

surya (mgr)     15 February 2015

Dear friends,

Hypothetically check this scenario, if DVC is allowed to run now, and say in future assume that 498a charge sheet, (say in the month of Nov 2015) is closed without naming any accused, which is a possibility although improbable. Also assume that R1 gets convicted in DVC case say in June 2015. Doesn't this lead to contradiction?

Atleast the DVC trail should wait for 498a charge sheeting since allegations are one and the same?


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