Domestic Violence
advmarcela
(Querist) 16 February 2015
This query is : Resolved
Dear Sir/Madam
A case under Domestic violence has been filed against my client in the Police station by his wife. My client is working abroad and soon have to leave India. Police has asked contact his lawyer.
Please advice me how to go about with this do I file a statement in police station counter accusing my wife or should I give an undertaking or act according to situation or any other?
Thanks and regards
Adv. M. Mesta
P. Venu
(Expert) 16 February 2015
Facts disclosed are inconsistent - is it your wife or your client's wife?
Devajyoti Barman
(Expert) 16 February 2015
What are the charges?
If his foreign travel is impending then send asap and then take the next course of action.
Once bail is taken , nothing to worry.
ajay sethi
(Expert) 16 February 2015
in DV case you dont need bail on filing of complaint
Rajendra K Goyal
(Expert) 16 February 2015
Full case file / complaint need to be referred. If no stay from court regarding foreign travel he can proceed,
Laxmi Kant Joshi
(Expert) 16 February 2015
What are the charges ? In dv case no need to take bail, if court had not restrain him to go abroad then he can proceed for it .
Dr J C Vashista
(Expert) 17 February 2015
Dear M. Mesta,
How and under what circumstances/provision the local police can take a complaint under Section 12 of The Protection of Woman From Domestic Violence Act,,2005? Not at all. Police has no role/right/ authority to entertain any such (DV) complaint except when directed by the Court.
It is the only and only area Magistrate to take the (DV)) complaint, appoint Protection Officer, call her report, summon and try the case. No charges are framed, no bail is sought/required and it is semi-criminal unique/special legislation. The Magistrate cannot restrain your client working/proceeding abroad.
Please read the law again and again, do research work, consult some senior, it is amply clear.
Best Wishes,
advmarcela
(Querist) 17 February 2015
Thank you Sir/Madam Mr. P. Venu, Ms. Devajyoti Barman, Mr. Ajay Sethi, Mr. Rajendra Goyal, Mr. Laxmikant Joshi and Dr. J. C. Vashista for your generous advice.
advmarcela
(Querist) 17 February 2015
Its my client's wife.
T. Kalaiselvan, Advocate
(Expert) 18 February 2015
Police has got nothing to do with the DV case neither there is any provision for grant of bail in it during the filing time itself. So ask your client to proceed with his plans to visit abroad without any worry about it.
