Is DV in addition to 498a?

If she is incapable of maintaining her she may get partial relief.

However 498a may not stand.

Regards 

G.Rajaganapathy 

 Hi, When you received the notice under Section 12 of the Domestic  Violence Act, you can contest the case and you have to file your objections stating that the you have divorced her on [deleted] and so now petition is does not serve  for consideration. For 498/a first you have to go through the substance of the Complaint and if there is no allegation in the complaint then you can file a petition before the Hon'ble High Court for quashing the same. 

You need to first take anticipatory bail for 498 case and you need to appear for domestic violence case in court and the same. 

See you can engage an advocate and you have to file appearance and reply as the case has been filed on false facts, you need to file appearance and deny all allegations.

Further since summons on you are not served then in that case court shall reserve summons to you.

1) you can contest petition filed under section 12 of DV act 

2) once divorce is granted and accepted by wife there is no domestic relationship 

3) DV case is not maintainable 

4) file for discharge before trial court 

1. Case u/s 498A IPC and case under PWDV Act, both are different in nature.

2. After dissolution of marriage no case u/s 498A IPC is maintainable and hence you can go for quashing.

3. However the supreme court has held that DV case is maintainable even after divorce.

So do accordingly.

If you have received notice under section 12 of protection of women from domestic violence act, then it is not a dowry case under Section 498 a IPC.

You will have to file your written statement wherein you can adduce all the documentary evidences in your possession before the court within 30 days of receipt of the the complaint copy and would have to appear before the court on the next date either by way of pleader or yourself. The case takes at least two years to be disposed off.

Divorced wife cannot file application under Domestic Violence Act; this is not sec 498a case.

1. you will have to defend the case now

2. if you have the proof and evidences then it will be looked into by the court at the time of trial

3. it is not possible to predict how long will the case take to get resolved

4. however if you have positive proofs against your ex wife then you must strongly contest her application

5. also if the divorce has already taken place and she has accepted the same, then she cannot invoke provisions PWDV against you. 

1. This is a 498A case or DV case filed against you?

2. If it is a 498A case, then you shall have to first avail anticipatory bail from the Court and then regularise the bail.

3. Thereafter contest the cases fittingly engaging a local Advocate having expertise in this field.

once the Marriage tie has been dissolved in between the Parties. Then the gravity of the section 498(A) IPC will lose its force. But the Court in which the 498(A) is pending, who he knows it that, Divorce already been done in between the parties.

It is the duty of the Accused to submit Certified Copy of the Talaqnama  before the Magistrate Court in which said 498(A) is pending at the time of Prosecution Witness. 

If you ex wife did not agree to withdraw the Case. Don't worry about it. At the time of Cross Examination, you Advocate definitely put the question relating to the Talaqnama and that time, the 498(A) loose its gravity. 

So, don't take any sort of tension. 

Dear

498 A and 12 DV act are two different types of cases. 

it takes around two to three years to dispose The case of domestic violence.

Initially burden of proof is on your wife to prove her case and after that you can present evidence for your defence.

-  Since, Talaq given by you has accepted by her , it means as per law/Shariat , she is not your wife and you both are not living under one roof,  and hence now , section 12 is not maintainable.

- But, if at the time of filing of the said case you were living near her and have tried to commit any voilence against her will or have tried to establish relation/contact with her , then this section 12 is maintainable even after Talaq.

- If, just after Talaq , you are not in India, then there is no question of Volience and the said case will be dismissed.

-  Further, in the said decleration , if she declares that now from the date of Talaq , there will be no relation and no party will take action against each other, then 498a is also not maintainable as well.

- Better, prapare a Reply of the section 12 after narrating all the defenses/evidences and file the same before the Court with the help of lawyer.

- It is looking that after taking dovorce from you, now she wanted to extort money from you, so she will try to settle the matter herself on the condition of monetary benefit.

- If, you will contest the cases , it will take long time to be compeleted , specially 498A.

Good luck and dont forget to rating Positively.   

This is not 498a case, it is a case filed under the provisions of domestic violence act.

If the summons have not been served on you in person either by post man or by court ameen, then till then you need not be worried about participating in the case.

Let the case go on till such time you are not served with the court notice in person, after that you may plan about next course of action.

There is nothing to be worried about this case since you have already divorced yor wife hence the situation is in your favor which you can fight it out properly