498a and crp 125

Dear Client,
An aggrieved woman can file multiple cases against a person who subjected her to domestic violence and threat her to divorce on the pretext of dowry demand. Domestic violence is defined comprehensively under Section 3 of the PWDV Act, 2005, comprising physical, mental, verbal, emotional, sexual, and economic abuse, harassment for dowry, and acts of threatening to abuse the victim or any other person related to her. So, shared household or living under the same roof does not necessarily require committing an abuse of a victim of domestic violence where a domestic relationship exists. Under Section 12 of the said Act, any woman who is, or has been in a domestic or family relationship with the persons and who have been subjected to domestic violence that includes harassment of physical, sexual, verbal, emotional, or economical, can lodge an FIR against him/them at the local police station for redressal of her grievance. Under Section 12(1) of the Act, an aggrieved person or a Protection Officer or any other person on behalf of the aggrieved woman may directly present an application to the concerned Judicial Magistrate seeking one or more reliefs under this Act that include right to reside in a shared household, protection order and residence order provided that before passing any order on such application, the Magistrate shall take into consideration any domestic incident report received by him from the Protection Officer or the service provider. Even, Magistrates are empowered to issue maintenance orders under Section 20(1)(d) of the D V Act. So, an aggrieved woman can file a domestic violence case, even she filed a criminal suit for cruelty against her husband/in-laws under Section 498A IPC claiming maintenance under Section 125 Cr. PC. As regards hiring of a new Advocate to represent your DV case in the Court, be informed that a litigant can add any number of advocates to represent him/her in the court; there is no limit to this. He/she can also replace his/her Advocate if he/she has lost faith or confidence in the Advocate. He/she has the right to change counsel at any stage of the court proceedings. Once he/she clears the Advocate's professional bills, he is bound to provide an NOC and if the Advocate is not ready or reluctant to issue an NOC after clearance of the fees, then he or she can apply to the court where the case is pending and pray for change the advocate, the court may allow the application post-hearing and after that, he/she can engage a new Advocate filing a fresh Vakalatnama in favour of new Advocate for representing his or her case before the Court. Further, be informed that an advocate has a fiduciary duty to protect the client's interests through honest and ethical means, regardless of the potential for negative outcomes for the advocate or any other parties.
As per Bar Council of India rules on Advocates duty towards clients, an Advocate should not by any means, directly or indirectly, disclose the communications made by his client to him. He also shall not disclose the advice given by him in the proceedings. However, he is liable to isclose if it violates Section 126 of the Indian Evidence Act, 1872. An advocate should not be a party to stir up or instigate litigation. An advocate should not act on the instructions of any person other than his client or the client's authorised agent. Typically, such type of conduct on the part of an Advocate may be considered professional misconduct once a complaint is filed against the Advocate by the litigant/client under Section 35(1) of the Advocates Act, 1961, before the disciplinary committee of the State Bar Council.

Dear Client,
An aggrieved woman can file multiple cases against a person who subjected her to domestic violence and threat her to divorce on the pretext of dowry demand. Domestic violence is defined comprehensively under Section 3 of the PWDV Act, 2005, comprising physical, mental, verbal, emotional, sexual, and economic abuse, harassment for dowry, and acts of threatening to abuse the victim or any other person related to her. So, shared household or living under the same roof does not necessarily require committing an abuse of a victim of domestic violence where a domestic relationship exists. Under Section 12 of the said Act, any woman who is, or has been in a domestic or family relationship with the persons and who have been subjected to domestic violence that includes harassment of physical, sexual, verbal, emotional, or economical, can lodge an FIR against him/them at the local police station for redressal of her grievance. Under Section 12(1) of the Act, an aggrieved person or a Protection Officer or any other person on behalf of the aggrieved woman may directly present an application to the concerned Judicial Magistrate seeking one or more reliefs under this Act that include right to reside in a shared household, protection order and residence order provided that before passing any order on such application, the Magistrate shall take into consideration any domestic incident report received by him from the Protection Officer or the service provider. Even, Magistrates are empowered to issue maintenance orders under Section 20(1)(d) of the D V Act. So, an aggrieved woman can file a domestic violence case, even she filed a criminal suit for cruelty against her husband/in-laws under Section 498A IPC claiming maintenance under Section 125 Cr. PC. As regards hiring of a new Advocate to represent your DV case in the Court, be informed that a litigant can add any number of advocates to represent him/her in the court; there is no limit to this. He/she can also replace his/her Advocate if he/she has lost faith or confidence in the Advocate. He/she has the right to change counsel at any stage of the court proceedings. Once he/she clears the Advocate's professional bills, he is bound to provide an NOC and if the Advocate is not ready or reluctant to issue an NOC after clearance of the fees, then he or she can apply to the court where the case is pending and pray for change the advocate, the court may allow the application post-hearing and after that, he/she can engage a new Advocate filing a fresh Vakalatnama in favour of new Advocate for representing his or her case before the Court. Further, be informed that an advocate has a fiduciary duty to protect the client's interests through honest and ethical means, regardless of the potential for negative outcomes for the advocate or any other parties.
As per Bar Council of India rules on Advocates duty towards clients, an Advocate should not by any means, directly or indirectly, disclose the communications made by his client to him. He also shall not disclose the advice given by him in the proceedings. However, he is liable to isclose if it violates Section 126 of the Indian Evidence Act, 1872. An advocate should not be a party to stir up or instigate litigation. An advocate should not act on the instructions of any person other than his client or the client's authorised agent. Typically, such type of conduct on the part of an Advocate may be considered professional misconduct once a complaint is filed against the Advocate by the litigant/client under Section 35(1) of the Advocates Act, 1961, before the disciplinary committee of the State Bar Council.