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Author Topic: best solution- 498a or dv?  (Read 1211 times)

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Offline am

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best solution- 498a or dv?
« on: January 14, 2016, 06:24:34 AM »
Sir if a victim of mental cruelty and domestic violence (verbal, emotional, financial) wants to get divorce, then which one will be best to be filed for her , out of the following options- a) domestic violence case
B) 498a
C) combination of both the above.
Sir /madam, if only 2nd option is filed, will that cover domestic violence too? If not, will it be delayed and difficult to get divorce?
Help

Offline advmisthi

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Re: best solution- 498a or dv?
« Reply #1 on: January 16, 2016, 06:42:07 PM »
What do you want? Is is quick divorce or any other thing.

Until and unless u are clear what is your goal how can we advise for quick solution.

For 498a and dv what proofs do you have.
Adv.Misthi Mukherjee
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Offline am

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Re: best solution- 498a or dv?
« Reply #2 on: January 18, 2016, 11:44:00 AM »
What do you want? Is is quick divorce or any other thing.

Until and unless u are clear what is your goal how can we advise for quick solution.

For 498a and dv what proofs do you have.
Mam as usual quick divorce will be the goal. But as it is for emotional abuse, no proof can be given. So what will be option left to do for getting quick divorce?- dv or 498a or anything else. Pleaz suggest

Offline advmisthi

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Re: best solution- 498a or dv?
« Reply #3 on: January 18, 2016, 08:26:53 PM »
You have yourself answered everything no proof is possible in domestic matters.
Than how will the judge pass orders, so what is left for the judge is to give you dates after dates till finally you both are frustrated and settled the matter amicably in meditation.

Now both dv and 498a is filed by the other side so the burden of proof I on them.

Let them prove it.

You have to only defend so relax.

Nothing major will come out of court.

Years will role by till your partner gets frustrated with our judicial system till finally she will agree for mutual divorce.

Till than you relax you have nothing. To do just avoid confrontation with her.
Adv.Misthi Mukherjee
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Offline am

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Re: best solution- 498a or dv?
« Reply #4 on: January 20, 2016, 12:57:03 PM »
You have yourself answered everything no proof is possible in domestic matters.
Than how will the judge pass orders, so what is left for the judge is to give you dates after dates till finally you both are frustrated and settled the matter amicably in meditation.

Now both dv and 498a is filed by the other side so the burden of proof I on them.

Let them prove it.

You have to only defend so relax.

Nothing major will come out of court.

Years will role by till your partner gets frustrated with our judicial system till finally she will agree for mutual divorce.

Till than you relax you have nothing. To do just avoid confrontation with her.
Thank you madam for your detailed reply. The case is of my cousin sister. So it seems that she will not get any justice and the culprit will just relax, as per our system.
So she will be victims d further it seems.
Then why will not such men enjoy and repeat harassing another girl?

Offline am

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Re: best solution- 498a or dv?
« Reply #5 on: January 21, 2016, 01:07:12 PM »
Madam you are expert and might have seen many ladies filing false complains. But that's the main problem for genuine victims that everyone sees them to be of that category who simply wants to victimise their husband without reason.
Being a woman I expect you will understand my sister's pain when her husband has to relax and the victim has to suffer again and again.
Where is the law then?
You have yourself answered everything no proof is possible in domestic matters.
Than how will the judge pass orders, so what is left for the judge is to give you dates after dates till finally you both are frustrated and settled the matter amicably in meditation.

Now both dv and 498a is filed by the other side so the burden of proof I on them.

Let them prove it.

You have to only defend so relax.

Nothing major will come out of court.

Years will role by till your partner gets frustrated with our judicial system till finally she will agree for mutual divorce.

Till than you relax you have nothing. To do just avoid confrontation with her.

Offline adv.amarnath

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Re: best solution- 498a or dv?
« Reply #6 on: January 22, 2016, 10:38:24 AM »
498A or Case under domestic violence are two separate case. What crime happened to your sister will attract that law or section. Divorce is separate thing. If your sister want to get quick divorce then better go for mutual divorce. If your sister is seeking for revenge then lodge appropriate case with a help of a lawyer. Filing 498A for getting quick divorce is absolutely a bad intention and idea.

If your sister faced cruelty, then lodge 498A. She can claim maintenance under 125 of Cr. P.C. Now for getting divorce, let the husband file divorce case. But as said earlier if your sister want to get rid of him and start afresh life then go for mutual divorce without throwing allegations against each other.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline am

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Re: best solution- 498a or dv?
« Reply #7 on: January 23, 2016, 12:36:03 PM »
Thank you sir so much.
Yes we want her to get rid of that culprit as sooner possibleand lead respectful life.
Yes sir she faced immense cruelty. And also several types of abuse . Some are asking us to go for dv while some asked to go for 498a.
We are in a fix sir.
498A or Case under domestic violence are two separate case. What crime happened to your sister will attract that law or section. Divorce is separate thing. If your sister want to get quick divorce then better go for mutual divorce. If your sister is seeking for revenge then lodge appropriate case with a help of a lawyer. Filing 498A for getting quick divorce is absolutely a bad intention and idea.

If your sister faced cruelty, then lodge 498A. She can claim maintenance under 125 of Cr. P.C. Now for getting divorce, let the husband file divorce case. But as said earlier if your sister want to get rid of him and start afresh life then go for mutual divorce without throwing allegations against each other.

 

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