Domestic Violence Act
Lokesh Kumar V
(Querist) 29 January 2009
This query is : Resolved
can the proceeding before the protection officer be quashed or stayed by the court? which court can quash or stay the proceeding?
Guest
(Expert) 29 January 2009
It appears that the proceedings can be challenged before the hon'ble High Court under writ jurisdiction (Article 226 read with Section 482 of Cr. P. C.). But it should be seen actually on what grounds the proceedings are being challenged? If the protection officer is holding the proceedings under 9 (2), the Magistrate will become party. If the proceedings are under 19(1)(h), the order under Section 20 should be challenged in appeal before the Sessions Court.
Prabhakar
karlprabhakar@gmail.com
ARVIND JAIN
(Expert) 30 January 2009
AND ME WITH RAKHI.
