Rajan (Rajan) 30 October 2012

What is included in domestic violence

I would like to know from an expert what is exactly this 498a and DV as i am also afraid that my wife could file this against me even i did not take any dowry or hurt her physically or mentally.

What i read is 498a is criminal and DV is civil then how can one arrest a person in civil cases ?

Also if there is no dowry asked then how can one file 498a and how can police arrest without sufficient proof ?

The Domestic violence says physical or mental cruelty to wife,for physical violence one needs to prove with medical evidence but what exactly mean mental cruelty.If a husband says the wife looks fat or if the husband comes home late after work or if husband does not purchase a new TV all these can be termed as mental cruelty by wife,even she can say that the gas stove is old and husband does not get a new one and it is a danger for her life.In context with mental cruelty any wife can file a case against her husband whenever she wants.So what is exactly this Domestic violence ?

Experts comments please

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4 Replies

stanley (Freedom) 30 October 2012

Originally posted by : Rajan

I would like to know from an expert what is exactly this 498a and DV as i am also afraid that my wife could file this against me even i did not take any dowry or hurt her physically or mentally.

What i read is 498a is criminal and DV is civil then how can one arrest a person in civil cases ?

In 498 a they can arrest but you can see AB and in DV there is no arrest until the passing of a protection order .After the protection order is passed and than there is a dreach of the same under section 31 than criminal proceedings start .

Also if there is no dowry asked then how can one file 498a and how can police arrest without sufficient proof ?

Police wants to make money from husband as they are scape goats so they first arrest without proof to abstract money

The Domestic violence says physical or mental cruelty to wife,for physical violence one needs to prove with medical evidence but what exactly mean mental cruelty.If a husband says the wife looks fat or if the husband comes home late after work or if husband does not purchase a new TV all these can be termed as mental cruelty by wife,even she can say that the gas stove is old and husband does not get a new one and it is a danger for her life.In context with mental cruelty any wife can file a case against her husband whenever she wants.So what is exactly this Domestic violence ?

Google PWDV act and you can read what is domestic violence and upgrade your knowledge

Experts comments please

Ranee....... (NA) 30 October 2012

A lady who is leading a happy family life will not file these cases.You no need to worry.As you are not beating her, dont demand money from her parents, allowing her to live according to your status, not depriving her from from your love and care...then why worry?

Rajan (Rajan) 30 October 2012

I have googled for PWDV and still many things are confusing and i am back here with few questions.

Case 1

If a government employee or a NRI who gets married and not having their own house and lives in government accomodation or hotel in this situation what is Shared Household and if the government accomodation and hotels are considered shared household then does the wife can claim her rights on them.So what exactly is shared household.

Case 2

If Husband and wife living in different city or country then its impossible to file case of physical cruelty unless they don't meet .In many circumstances husband has to work at far places and travel due to work in which case its not possible for them to live together in this case is it possible for wife to file mental cruelty saying that husband is not calling daily or living separate she is deprived of s*x etc

Never Give Up (Fighter) 30 October 2012

Rajan ,

As wise people says , 99% of things which i worried about in my life never happened to me...

Let DV petition and 498A Complaint reach to your hand and then start working on it !! Then you would be more specific and get crisp reply from the learned members.

P.S. When we say , we have a job in city "Y" and we keep on shuttling to different city due to job reason, it is perfectly valid reason to stay away from home for some time. All judge understands and accepts it.