Domestic violence act
miss.munnowara f. pakajade
(Querist) 26 November 2012
This query is : Resolved
dear sir ,
now , i am dealing with an application under prevention of women from domestic violence act . i am on behalf of applicant . i had issued notices to non applicants through protection officer which returned with endorsement as 'refused' . the court refuse to consider this report . so , i again issued notice through police. but, for last two dates, reports on it is not submitted. the court want to wait for such reports. the court is not passing any interim relief till the report has come.
i want interim orders in this matter. since, these applications should be decided within 6 months , the court even didn't pass interim orders.
is there any other way for service of notice ? what further step should i take ? please guide me.
thanking you!
Devajyoti Barman
(Expert) 26 November 2012
Cause service of notice through speed post and then produce its status report on delivery from its site.
Court does consider its delivery report and if it shows as served then the court may proceed ex parte.
MohammedRaffiq Bijapur
(Expert) 26 November 2012
Miss Munnowaraji
You may refer Sec 13 and Rule 12 of DV Act for means of service of notice.
I am surprised why the court has refused to consider the report of PO regarding the endorsement of service of notice.
You would have challenged the said order.
Advocate Suneel Moudgil
(Expert) 27 November 2012
REFUSAL is considered as served, anyways serve notice through registered post and produce report in the court
Raj Kumar Makkad
(Expert) 28 November 2012
I do agree with Suneel. Once more get the same report of refusal and then court shall have to proceed him as ex-parte and thereafter your interim relief shall be heard.
