domestic voilence

queryking (Querist) 26 March 2010 This query is : Resolved
Can wife file petition directly to the Magistrate under DV Act, I heard that there is judgment of High court of karnataka which says wife cannot file petition directly to the magistrate it should be through the protection officer, how far it is correct? is there any apex court judgment on this point?

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RAKHI BUDHIRAJA ADVOCATE (Expert) 26 March 2010
Please give me that judgement.

Guest (Expert) 26 March 2010
The wife can file directly application in DV Act. The application shall be as far as possible in the prescribed proforma attached to the Act.

Guest (Expert) 26 March 2010
There are several states where protection officers, service providers have not been appointed. It does not make this Central law not enforceable in those States.

ad. creaminall (Expert) 26 March 2010
Yes, wife can file the petition directly to the magistrate under the DV Act.

Guest (Expert) 26 March 2010
I do agree with experts. Wife can directly file the complaint under D V Act.

Arvind Singh Chauhan (Expert) 26 March 2010
Section 12 clearly envisage - Wife can directly file complaint to magistrate or may file through protection officer or through other person.

Parveen Kr. Aggarwal (Expert) 26 March 2010
Yes. Complaint may be filed directly before Magistrate.

Adv.Shine Thomas (Expert) 27 March 2010
As per sec 12(1) of DV Act,an aggrieved person or a PO or any other person on behalf of the aggrieved person may present an application to the magistrate seeking one or more reliefs under this Act.

Kumar Thadhani (Expert) 28 March 2010
Yes I agree with all the experts.

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