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Can wife file 498A after DV Act is filed and contested
09-Aug-2023 (In Domestic Violence Law)
I got married in Dec 2014 and after 6 months, she left for her parents home. Tried various things to settle it. After two and a half years, I filed a divorce case on the ground of desertion. Before accepting the summons she filed DV Act. And now, DV act case is at the "Final Order" stage. Everything is recorded and there is no mentioning of dowry in DV act statements and crossings.
I am already paying maintenance.
Can she still file 498A if DV act comes in my favour?
I have perused the contents of your query and would advise you to seek a detailed consultancy from a lawyer having expertise in matrimonial cases. Documents needs to be perused to advise you on this issue
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Adv. Anubhav Kathuria
Delhi | 500+ Answers
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Yes she can file a complaint in 498 A and FIR can be lodged against that, but the same can be quashed in the High Court being an after thought and this ground can simply be established as substantial.
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Adv. DhananJay S. Sehrawat
Delhi | 25+ Answers
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hello, sir I went through query. the DV act is filed inorder to get the interim maintenance by the wife but the section 498A pulls a criminal case against the husband and his relatives who stays with her at the matrimonial house. they both are different therefore yes she can file a case under section 498A of ipc for cruelty.
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Adv. Megha Mary Thomas
Delhi | 100+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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