Husband is not arrested merely because DV case is filed 

2) only if he flouts order of court woukd bailable warrant be issued against him 

3) if wife is victim of DV she can file case against husband under provisions of domestic violence and seek maintenance, compensation for mental torture undergone by her, alternative accommodation or right to stay in matrimonial home 

Dear Madam,

1) How to party her husband here in DV? for what reason?

Ans: The husband must be arrayed as 1st Respondent as he is always committing domestic violence against the petitioner/wife.

2) Will there be arrest in all DV cases? will my sister's husband get arrested here if we put DV? Or the wife's consent will be taken if at all the judge wants to issue any arrest order against husband?

Ans: As per the recent judgments of Supreme Court the husband should not be subjected to arrested in DV cases under any circumstances. If such order passed in worst case, then the wife can immediately file a Memo saying such order may be withdrawn and thus she can save her husband from arrest. The relevant SC judgment is as follows.

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Non-payment of maintenance arrears not an offence under Section 31 of Domestic Violence Act: Karnataka HC [Read Judgment]

Karnataka High Court has held that penal provision found in Section 31 of Protection of Women from Domestic Violence Act, 2005 could be invoked against the Husband for non-payment of arrears of maintenance. Justice A.V Chandrashekara held that Section 20 of the Act separately provides for monetary reliefs.

He filed an application for discharge under Section 239 CrPC which was refused. The appeal against that order of refusal was also dismissed by Sessions court, which made him prefer a Revision before the High Court.

1. Against her mental and physical cruelty your sisiter cna very well file case seeking prtection agaisnt domestic violence, monthy maintenance and damages agaisnt her husband and in laws.

2. in DV cases there is no scope for arrest unless the husband defaults in making payments as per order of maintenance passed by the court.

3. Since there is  still scope for settlement then do not file DV case just now and give them some more time to settle the dispiute amicably. 

1. Dv can be filed for mental and physical cruelty instance of same has to be given for making him party.

2. See there is generally no arrest in DV now days , husband can seek anticipatory bail also. Further if husband fails to present himself before court and police then arrest can be there though consent will not be taken.

It is not necessary that in every DV case there will be arrest specially when there is a divorse case pending.

You may make him party in the domestic voilance.

1. As per the information mentioned in the present query, makes it clear that for now you want to take legal action against the brother-in-law.
2. Instead if filing DV case, I may suggest you to file a police complain for threatening you against him as arrest in DV cases are very rare.
3. And for the second marriage, you may file a police complain for attempt to bigamy under section 492 of IPC as he has not got decree of divorce yet.

Dear client.. if Ur sister gives complaint in police station 498a..DV case.. then police have the power of arrest the husband..but before attesting police will do investigation

Police will not immediately arrest the accused and will call them for counselling.after counselling they send statement summary of both parties then after police registered FIR and arrest them. 

The husband will get arraested if he doesnt pay the maintenance or flouts any orders of the court. Normally provison of arrest is not exercised in DV Act.

1.  Since her brother in law is indulging in such undesirable activities with your sister, she can implead her husband in this case stating that he is instigating him to behave in this manner with her.

2.  There is no arrest in DV case.