Domestic violence
3 months ago
If inlaws and hus torturing me continously, then what can i file cases on them.. 498 or DV case..if we file both means how to proceed?
And if still court notice not received by respondant, but if we file 498 means does they reject DV case ?
A.Dear Client,
If you are facing continuous harassment and torture from your in-laws and husband, you have legal options to protect yourself. The two primary cases you can consider filing are under Section 498A of the Indian Penal Code (IPC) for cruelty by husband or relatives and a case under the Protection of Women from Domestic Violence Act (DV Act).
For a 498A case, you can file a First Information Report (FIR) with the police. This section deals with cruelty by husband or relatives and provides for both imprisonment and fines.
For a Domestic Violence (DV) case, you can file a case in the Magistrate Court under the Protection of Women from Domestic Violence Act. This allows you to seek protection orders, residence orders, and financial reliefs.
Filing both cases is possible, as they address different aspects of harassment. However, it's crucial to consult with a legal professional to assess the specific details of your situation and determine the most effective course of action. They can guide you on the procedures, evidence gathering, and filing of the cases.
If the court notice is not received by the respondent in the DV case, it doesn't automatically lead to the rejection of the 498A case. These are separate legal proceedings, and the progress of one case doesn't necessarily influence the other. Each case will be considered on its own merits, and the legal processes will continue independently.
To ensure the best course of action, seek legal advice promptly and gather any necessary evidence to support your case. A legal professional can guide you through the process, help you understand your rights, and take the appropriate steps to address the harassment you are facing.
Thankyou
If you are facing continuous harassment and torture from your in-laws and husband, you have legal options to protect yourself. The two primary cases you can consider filing are under Section 498A of the Indian Penal Code (IPC) for cruelty by husband or relatives and a case under the Protection of Women from Domestic Violence Act (DV Act).
For a 498A case, you can file a First Information Report (FIR) with the police. This section deals with cruelty by husband or relatives and provides for both imprisonment and fines.
For a Domestic Violence (DV) case, you can file a case in the Magistrate Court under the Protection of Women from Domestic Violence Act. This allows you to seek protection orders, residence orders, and financial reliefs.
Filing both cases is possible, as they address different aspects of harassment. However, it's crucial to consult with a legal professional to assess the specific details of your situation and determine the most effective course of action. They can guide you on the procedures, evidence gathering, and filing of the cases.
If the court notice is not received by the respondent in the DV case, it doesn't automatically lead to the rejection of the 498A case. These are separate legal proceedings, and the progress of one case doesn't necessarily influence the other. Each case will be considered on its own merits, and the legal processes will continue independently.
To ensure the best course of action, seek legal advice promptly and gather any necessary evidence to support your case. A legal professional can guide you through the process, help you understand your rights, and take the appropriate steps to address the harassment you are facing.
Thankyou
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A.Dear Madam,
You can file both the cases one directly by visiting Police Station and it is purely a police case. Then file DV case with the help of Advocate and both cases will run parallel to each other. In the DV case you can claim interim maintenance, interim order to continue your stay in matrimonial house etc.
You can file both the cases one directly by visiting Police Station and it is purely a police case. Then file DV case with the help of Advocate and both cases will run parallel to each other. In the DV case you can claim interim maintenance, interim order to continue your stay in matrimonial house etc.
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