Legal Question in Criminal Law in India

Dear Sir,

Interim order (Rs 5000/-) passed by learned Magistrate in a case of Domestic Violence Act 2005 against husband is challenged by husband (accused in that act) in court of sessions & the hearing is on his way till now. Recently about 2 weeks, the wife (petitioner in DV Act 2005) had filled another case under section 31 of Domestic violence act, 2005 on his husband. It must be noted that husband had filed a case of Divorce under section 13 The Hindu Marriage Act 1955, 18 month back, afterwards, wife had filed a fake case of Domestic Violence under section 12,18,19,20,22,23 followed by a FIR u/S 498A,506,34 & in which husband, his sister & father had got Anticipatory Bail as well.

Now My Question is following:

1). whether the husband has to give Rs. 5000/- as per interim order in original DV ACt 2005 till the appeal in Sessions court get finished. or will the matter is stay automatically till disposal of case in sessions court.

2). can there be any adverse event of section 31 of DV act 2005 on husband.

3). Can husband may go for CrPC 482 for quashment of section 31 suit raises by wife in the high court.

Dr. Mohan

Asked on 7/27/13, 4:23 am

1 Answer from Attorneys

Sudershan Goel Sudershan Goel - Advocate, International Visiting Scholar, USA [2008-10]

The case for quashing may not be made out.

You may have to pay maintenance.

To avoid any adverse event, you may try to reach an amicable settlement.

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Answered on 7/27/13, 5:45 am

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