Legal Question in Criminal Law in India

Re: difrences

both are different proceedings. you can file counter case.

Re: difrences

Former is provided in IPC and later in a special act.

Counter case is not contemplated by criminal law. However, if 498A case was false or malicious, then you can take recourse U/s.340 Cr.P.C.

What that lady can to is anybody's guess.

Re: difrences

Yes she is at liberty to file a case under DVA.

And you can file a case under section 182 and 211 IPC against her before the appropiate court of law.

Re: difrences

the provisions of Section 498 A are mainly meant for dowery death as the inspiring motivation for the legislation was State of Maharashtra V/s. Sarda also popularly known as Manjushree Sarda Matter However Domestic Violation Act is for various pruposes incluing dowery One can file any proceedings

Re: difrences

No, you cannot file a counter case. Yes, the lady is entitled to seek relief under DVA.

You are strongly advised to attempt an amicable settlement with the lady in order to avoid any backlash.

Your winning 498-A does not mean that your 'fault', if any, is wiped out. Nor does it wipe out your liability to make adequate provision for the lady, if she is found entitled to the same in law.

At times the victim does not pursue 498-A vigourously because of several factors including lack of evidence or witnesses. If a wife does not succeed in 498-A complaint, it does not mean that all doors are closed for her. She can still vindicate her rights by several alternative methods including DVA.