PWDVA JURISDICTION
Guest
(Querist) 21 May 2010
This query is : Resolved
Matrimonial house of wife is situated in Delhi. Wife severely tortured there and thrown out from there. Wife returned to her parental house at Kolkata at present residing in parental home.
1.Can we file PWDVA case in Kolkata??
Having minor son of 2.5 yr age.
2.Can wife pray for custody of the son?
3.If complainat can be filed at Kolkata and any ordered passed , how such orders can be executed?
Guest
(Expert) 21 May 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9271971251,9960223100
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
REGARDING THE MATTER KINDLY NOTE THAT
1.YOU MAY FILE THE COMPLAINT AT KOLKATA COURT BUT KINDLY GET THE APPLICATION DRAFTED WITH THE HELP OF EXPERTS AND MENTION THE FACT THAT HUSBAND AND WIFE ALSO RESIDED AT KOLKATA FOR SOME PERIOD.IT IS FOR JURISDICTION OF THE COURT.
2YOU MAY FILE AN APPLICATION FOR EXECUTION OF THE ORDER AT KOLKATA COURTS REGARDING MAINTAINENCE.
YOU MAY WRITE AND SEND DETAILS FOR FURTHER HELP
THANKS.
Guest
(Expert) 21 May 2010
1.Can we file PWDVA case in Kolkata??
Yes. She can.
2.Can wife pray for custody of the son?
Yes. She can pray and can get custody.
3.If complainat can be filed at Kolkata and any ordered passed , how such orders can be executed?
It depends upon the nature of the relief granted, the court has got its own procedure to execute its orders.
Pankaj Mehta
(Expert) 21 May 2010
As far as execution of the order passed is concerned, the act is silent and confers the power to the court to make it its own procedure, Afterall section 31 of the DV act has made the non compliance of the order as non bailable offence, if a complaint comes before the court under section 31, finally u can file complaint at kolkata, i also suggest to file a application under section 125 of CR.P.C., because under DV act there is a mandatory provision about getting report of protection officer before passing of an order by the competant ccourt, this procedure can create delay and difficulties
Guest
(Expert) 21 May 2010
To further clarify the issue, I submit that Domestic Incident Report from protection officer is not mandatory. This has been held by several High courts, Delhi High Court and Rajasthan High court recently held so. Hence, the DV Act is better than S.125 Cr.P.C.
Pankaj Mehta
(Expert) 21 May 2010
Trial courts in rajasthan have adopted the same manner i described earlier, as a result we have stopped to file applications under DV Act, this trend is fatal for the theme of the new act, there are many contradictory citations on this issue, i came to know these days that in judicial seminars of officers, this trend was advised for decresing the number of cases coming under the act, whatever it is, in my opinion much more amendments are needed for better implementation of the act
G. ARAVINTHAN
(Expert) 22 May 2010
DV case is a criminal case and can be file in any of the two places. Since wife is at Kolkata, she can very well can file there itself.
Custody of Child by wife is maintainable
