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Sister in law filed false complaint in women cell and DV case


06-Jan-2023 (In Divorce Law)
My bhabhi or my big bros wife filed first 498a then maintanace case. Police in 498a neither arrested us and just called and later out of 4 ladies they removed 2 names of sis and left 2 names i.e my mother and 1 sis who is married before this case. Its been 1 yr and we r fighting these cases and its in court. Now on 7th january after all these cases they have filed DV against people who r in 498a one sis and mother and the husband. What grnds we can fight. Is husband liable to pay money in both maintanance and DV. (He has not givem divorce). They are unnecessary creting cases without evidence.so what are the chances in DV. Please suggeat
Answers (2)

Answer #1
995 votes
Hi 498A case and domestic violence cases are different and have different trial procedures as offences are different though parties are the same and cause of action is also same. It appears that in 498a, your mother, your sister and brother are accused and in DVC case the girl is trying to get all of your ladies in the said case. You should contest both 498A and DVC cases by first making objection petitions in including all family members in the said cases( sisters once married and living away cannot be made parties in both DVC and 498a Case). So you need to take appropriate steps to exclude family members who are not necessary parties in the said 498a and DVC cases. Hope this information is useful.
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Advocate Rajagopalan

Adv. Rajagopalan

LawRato Hyderabad | 25+ Answers
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Answer #2
920 votes
Husband is liable to pay maintenance and in two separate cases under crpc and DVC are filed for DVC maintenance has to be paid in both matters separately. "‘In proceedings under the D.V. Act, the Magistrate may direct the Respondent to pay the maintenance to the aggrieved person as well as her children, if any, including an order under or in addition to an order of maintenance under Section 125 of Cr.PC. If you have proper evidence then file those and try to get interim relief or either have settlement with permanent alimony.
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Advocate Rekha Kumari

Adv. Rekha Kumari

LawRatoHyderabad | 50+ Answers
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