Legal Question in Family Law in India

Re: Family Law

you can surely pursue both the remedies simultaneously; the 498-A case is to be pursued with police; whereas DVA case is to be pursued before authorities as mentioned in the Act.

Re: Family Law

No as both the offences are pertain to different Acts hence your lawyer has rightlt told you in this regards. For further query contect me.

Re: Family Law

In my opinion, a complaint under both 498A IPC and provisions of Domestic violence certainly may be filed. There does not seems to be any bar. Though both are two different acts, the court may take cognizance on both the offences.

Vishwa

Re: Family Law

There is no such bar. you can file cases in u/s/498-A/ and also under domestic violence Act.For any other query/assistance you may contact me on my mobile.

Re: Family Law

you can file cases under both provisions as both has different reliefs and different procedures.

Re: Family Law

Yes it is true that both compliants cannot be filed together in one court. Compliant under 498A is a criminal compliant, an falls under IPC, where domestic violence compliant falls under DV Act for which there is an independed redressal forum.

The scope of IPC is to punish for the offense committed. And scope of DV Act is to protect a females from domestic attorcities, tortures, and violence, and to secure her status. Hence the scope of both the statutes is different, and also remedy available under both statutes is also different. So both claims cannot be filed in one court.