Queries about forms and procedure under pwdva

Lawyers are duty bound to file a case of domestic violence as the same is within their professional purview. The protecxtion officer merely assists the court at an interim stage.

In case the paperbook supplied to you is incomplete, as happens many a times inadvertently, you can ask the court to supply you with a copy of the same on the date of your first appearance.

Augustine Chatterjee

Advocate & Solicitor at Law

9999931153

1. Magistrates usually do not insist on any investigation by Protection Officer. Technical defects in DIR are not taken seriously to warrant dismissal of case.
2. You can ask for missing pages of DIR.
3. You can mention the technical defects in your written statement for sake of putting them on record. Do not make them centerpiece of your defense.

Thanks for your reply. 

I have a few more questions -

How does the court determine whether there was any physical violence without any investigation report? The Court is its order to the Protection Officer has asked for the investigation report. However the documents sent to the court do not have any investigation report. What should I do?

Also, in the petition filed by my wife she has not informed the court about the previously Sec 9 / RCR petition filed by me and also about her petition filed in the SC for transfer of the case to her state. Is bringing this to the notice of the court going to be of any help?

The DV case was filed by my wife after 10 months of leaving the house and also about a month after I filed the RCR.

The delay in filing the case shall help you substantially provided your counsel can manage to effectuate a strong cross examination.

As far as physical violence is concerned, even if there is no medical evidence to fortify the same, it would not be safe to assume that the same cannot be proved. IF her oral evidence is not cross examined in detail, the facts averred by her might stand to be affirmed in the eyes of the law.

Even if she hasnt mentioned section 9, you might do so in your reply. Wont affect the case in anyway. Everyone knows why section 9 petitions are filed anyway. Which city is the case pending at ? Were you not directed to file income affidavits?

Augustine Chatterjee

Advocate & Solicitor at Law

9999931153

The delay in filing the case shall help you substantially provided your counsel can manage to effectuate a strong cross examination.

As far as physical violence is concerned, even if there is no medical evidence to fortify the same, it would not be safe to assume that the same cannot be proved. IF her oral evidence is not cross examined in detail, the facts averred by her might stand to be affirmed in the eyes of the law.

Even if she hasnt mentioned section 9, you might do so in your reply. Wont affect the case in anyway. Everyone knows why section 9 petitions are filed anyway. Which city is the case pending at ? Were you not directed to file income affidavits?

Augustine Chatterjee

Advocate & Solicitor at Law

9999931153

Sir, the case is pending at Jaipur whereas I am in Maharashtra. The DVA case was filed way back in 2014 and there has been no progress since. 

My lawyer tells me that the 'link court' (I have no idea what it is) is pressing for interim maintenance under DVA, but I feel that granting that would be injustice to me as without investigation how would anyone know whether there was any form of violence or not. My wife is not illeterate either - in fact she is more educated than I am and has also previously for a short duration held a job too. My in-laws are also very well off - at least have much much more than me. 

Can you please advise what this Income Affidavit is? At which stage is it to be filed?

Thanks

I am also very sure that once the cross examination starts, my wife will not able to withstand it. I have a lot of proof that will establish beyond doubt my innocence - at least when it comes to physical violence, dowry allegations and her claim of having been thrown out of the house. However, till the question of interim maintenance is not settled this stage will not come and once the interim is decide, she and her lawyer will keep delaying things.

1. False DV case is usually all about interim maintenance. If maintenance is ordered, wife drags the case as slow as possible to get maximum money. If maintenance is denied, she stops attending court and case gets dismissed. 
2. Interim maintenance is decided based only on income of both parties, allegations do not need to be proven at this stage.