Legal Question in Family Law in India
DVA and 498A together
I have filed DVA and 498A. 498A , chrgesheet has not been filed till yet. DVA , orders for interim relief will be done tomorrow. I want to specifically know, that what will be the course of action after orders for interim relief. will it get clubbed with 498A immediately or will the arguements start further for DVA? I heard that accused has to be present in these cases but judge told accused that he may not come for the orders. Please clarify.
3 Answers from Attorneys
Re: DVA and 498A together
The Court has the discretion for exempting the Accused
Re: DVA and 498A together
You should wait patiently for orders on your DVA complaint. The Complaint under section 498-A is different than that under DVA; the two are not likely to be clubbed together for trial.
Re: DVA and 498A together
Thanks for referring an interesting question of law involved in the matter. I had carefully gone into the facts narrated by you in your reference.
Proceedings under Domestic Violence Act and case under section 498A CrPC , both are two different independent proceedings. Proceedings under Domestic Violence Act after passing interim order will go on merits . It is true that presence of accused person is necessary during criminal proceeding , but if case under Domestic Violence Act is fixed for interim orders court may exempt accused from appearing in the court.
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