Where to file complaint for ddomesticc violence
Bhumika
(Querist) 05 August 2016
This query is : Resolved
My friend complaint against her husband under sectio 406, 498(c), 323, 504, 114. but still case is not transfered to court.
Now she is going to file suit for maintanance. NOw what should be the next step from her side? Can she file suit against domestic violence in court or should wait for the transfering of matter to the court? what is the time limit for transfering the case to the court from date of FIR? please suggest. what about the suit for stridhan? should it be done seperately??
Ms.Usha Kapoor
(Expert) 06 August 2016
SDear Client,
Your friend can file A DOMESTIC VIOLENCE CASE AGAINST HER HUSBAND WITH THE PROTECTION OFFICER WHO IS SPECIALLY APPOINTED WITH THIS PURPOSE UNDER DV Act and register Domestic incident Report file before the concerned Metropolitan MagistrATE OR MAGISTRATE.. If it is Hyderabad it'd go for hearing before Metropolitan Magistrate court who shall give you necessary reliefs such as demanding your husband who is guilty of DV to get out of the house where DV is committed if necessary by sending him to jail, paying you expenses for medical treatment for injuries sustained by you in DV,RELIEF OF INTERIM MAINTENance, custody of children if they are minors residential orders, Protection orders clubbing all civil AND CRIMINAL PROCEEDINGS AND POSTING BEFORE a fAMILY COURT FOR HEARING ETC.You can even approach an NGO for women and seek their hekllp for filing the domestic incident report.
Rajendra K Goyal
(Expert) 06 August 2016
She can approach court for maintenance orders.
Devajyoti Barman
(Expert) 06 August 2016
Only after submission of charge sheet the case gets transferred to a court for trial.
The wife can file case for maintenance from her present place of residence under PWDV Act.
The recovery of stridhan can be taken care by police u/s 496 IPC.
Bhumika
(Querist) 06 August 2016
should she seek this under section 125 or under 496?? can she file two different cases with this sectionns seeprately
Ms.Usha Kapoor
(Expert) 06 August 2016
Dear Client,
There is some error in quoting the section as 496 by my learned friend Mr.Burman. Under Section 405 and 406 IPC(Criminal Breach of Trust) she can claim stridhan from Magistrate Court. Also Under PWDV Act 2005 she can claim Stridhan from her inlaws and husband as they are holding or keeping custody of her property or dominion over property if they misapproiate her streedhan for their ends and to her detriment they are bound to make good the loss. they are guilty of criminal breach of trust.They are bound to return her stridhan when they part ways.
Punishment for the offence of criminal breach of trust under S. 405 & 406 IPC. would be 3years imprisonment or fine or both.
1.12 of the Domestic Violence Act, 2005 provides for women right to her Streedhan in cases where she is a victim of domestic violence. The provisions of this law can be easily invoked for recovery of Streedhan. Under the residence orders: Prov. (8) the magistrate may direct the respondent to return to the possession of the aggrieved person her Streedhan or any other property or valuable security to which she is entitled.
Again u/s 18(ii) of the Domestic Violence Act the law says that a woman is entitled to receive the possession of the Streedhan, jewellery, clothes and other necessary items. The term ‘economic abuse’ has also been provided under the Act.
P. Venu
(Expert) 06 August 2016
The police need to make due investigation before filing or filing the charge sheet.
The issues as to domestic violence and other related aspects can be proceded independent of the action being pursued by the police.
adv.bharat @ PUNE
(Expert) 06 August 2016
The wife can file case for maintenance from her present place of residence under PWDV Act.
Bhumika
(Querist) 07 August 2016
They are refusing that they have nothing of stridhana , and my friend already has taken all jwelleriess at the time of leaving home. but it is totaly wrong. In court how can we prove , we have nothign of stridhana and they in laws are lying....
Devajyoti Barman
(Expert) 07 August 2016
Yes, it was typing error. I meant to say section 4906.
Both the proceeding u/s406 IPC and one under PWDV Act can run in parallel to recover stridhan properties.
P. Venu
(Expert) 07 August 2016
The question as to stridhana and its return is a question of fact and if the other party denies your friend's claim, this could be decided only after a due trial.
Dr J C Vashista
(Expert) 08 August 2016
Advise your friend (complainant) to move the area magistrate through her counsel, who is guiding/advising and contesting/proceeding in the court.
There is hardly any need for a second opinion through her advocate/friend.
