Need guidance

As per my knowledge u cannot demand stay in DVC proceedings namely for 2 reasons,

1) the nature of proceedings in 498 A it is criminal and under DV Act it is civil so the nature of remedies are totally different.

2) DV Act provides summary procedure well as 498  A is a proper trial  

Hello Manasi Save,

But 2 cases should not be filed with same allegations ?

but here in ur case no doubt they are same set of facts but the remedies provided to a victim are totally different In 498 A u are punished for a crminal wrong and under DV Act it is provding protection orders, residence orders, maintenance orders, counseling, service providers which u cannot have access in 498A proceedings.

refer Dennison Paulraj and ors v/s Mrs Mayawinola, decided on 2.4.2008, High Court of Madras 

Sure, you would have approached  the high court under section 482 Cr.P.C. for the quashment of one of the cases inorder to avoid double jeopardy.and till disposal of the petition you would have sought interim stay of the cases . A syou have filed a private complaint now it is too late. You cannot seek stay for the proceedings in the trial court .

Thankyou

Dear Manasi Save

Can you Provide the Copy of

Dennison Paulraj and ors v/s Mrs Mayawinola, decided on 2.4.2008, High Court of Madras 

Dear KKiran,

I am trying to upload u the judgment but the system is refusing to do so, refer Manupatra, or if willing u can pass me ur email ID whereby I can mail  the same

Dear Manasi

Thanks for sending the Judgment

Dear Manasi

In my DV case she is not asking any residence orders, maintenance orders, counseling, service providers, she is a Govt Employ,   She is asking the dowry amount and asking Money for mental agoni in the DV case. but no Dowry was paid.

As per the facts put in by u she cannot demand dowry paid back under this Act  it will be under Dowry Prohibition Act but she can definitely claim right against the mental agony  which will come under (emotional abuse) and can claim compensation for the same. Now futhermore it will issues which have to be proved before the Court to get the appropriate releif. 

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