Section 12(1) of dv act
Querist :
Anonymous
(Querist) 03 December 2017
This query is : Resolved
Hi,
Can you please confirm whether case under Section 12(1) of DV act is criminal proceeding or civil case.
I have case against me and it's almost at ending statge ( order are pending).
I am applying for passport and i need to select yes or no in form where its asking "Provide the following details if there are any criminal proceedings pending against the applicant".
Please guide me whether i need to select Yes or No in passport application.
Thanks in advance,
Vijay Raj Mahajan
(Expert) 03 December 2017
It's criminal proceeding which is civil in nature.
Under this Act as such there is no punishment if found guilty of domestic violence, only protect order made against the respondent husband or maintenance for wife and children allowed to wife or financial compensation allowed to the wife for any damages suffered by her because of the respondent husband.
The punishment to respondent husband ordered only if he infringes any order of the court with regard to protection order.
N.K.Assumi
(Expert) 03 December 2017
Aggrieved person can file in civil court, Family Court or Criminal Court of domestic violence incident.and the respondent is not an accused and the proceedings is quasi civil nature initiated by application and written statements of respondent.
Vijay Raj Mahajan
(Expert) 03 December 2017
DV complaint is never filled in civil or family court, it's only filled only in criminal court or magistrate court by aggrieved party.
N.K.Assumi
(Expert) 03 December 2017
Anonymous, Expert Vijay Raj Mahajan, is absolutely correct.
P. Venu
(Expert) 04 December 2017
The proceedings are civil in nature.
Querist :
Anonymous
(Querist) 04 December 2017
Hello All,
Should I select yes in passport application form with regards to the current case on me. In passport application form, it asks whether any criminal proceedings are pending.
My current case under sec 12(1) is underway and it's in ending status as orders are pending.
Thanks,
Vijay Raj Mahajan
(Expert) 05 December 2017
Select Yes and give details of the DV complaint details as per court records.
Guest
(Expert) 05 December 2017
Well Advised by Advocate Mr.Vijay Raj Mahajan
