Wife not barred from lodging FIR under Section 498A IPC merely because she filed application under DV Act: Jammu & Kashmir High Court

The scope of proceedings under Section 12 of the DV Act and the scope of criminal proceedings under 498A IPC are entirely different, the Court said.
High Court of Jammu & Kashmir and Ladakh, Jammu Wing
High Court of Jammu & Kashmir and Ladakh, Jammu Wing

The High Court of Jammu & Kashmir and Ladakh recently ruled that merely because a woman has filed an application under the Protection of Women from Domestic Violence Act, 2005 (DV Act), she cannot be barred from lodging a first information report (FIR) against her husband for cruelty under Section 498A of the Indian Penal Code (IPC) [Danish Chauhan V/s Director General J&K Police and others].

Want to read the full story?

We’re glad you’re enjoying this story. Subscribe to any of our plans to continue reading the story.

Already have an account? Sign In
Bar and Bench - Indian Legal news