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498aVictim (sdfasf)     28 October 2016

Where can domstic vilonce case be filed?

hi members - where can domstic vilonce case be filed? is it in police station or directly in court (family or criminal? will you get notice from police or court after filing? thanks.



Learning

 11 Replies


(Guest)
Just adopt a wait n watch method. Details will follow u. BTW y did u remarry? :-))

Sachin (N.A)     28 October 2016

Women can  request the police to record a DIR under PWDVA and forward the same to the Magistrate.

 

If the police refuse to file a a DIR then the woman can directly approach the Magistrate’s court.

 

After that you can roam around the courts for years

Kumar Doab (FIN)     28 October 2016

All members have explained real and hard facts.

A walk alone (-)     28 October 2016

By reading threat it appears divorcee is husband. DV is a civil case.your wife can request the police to record a DIR under PWDVA and forward the same to the Magistrate If the police refuse to file a DIR then your wife can directly approach the Magistrate�s court. You will get notice from court. For DV you dnt have to appear regularly court. First try to reduce interim once interim decided( low) in your favor almost case is solved. Hire lawyer ask him to take dates. Let her roam court and waste her money for years.
1 Like

saravanan s (legal advisor)     28 October 2016

If protection officer is available one can approach them to file dv case.

(Guest)

If filing a complaint of Domestic Violence is your goal, just start shouting at  the top of your voice, breaking bangles, running out of the house in the middle of the night howling like a dog, within 2-3 minutes people will gather from neighbourhood.  They will thrash the husband call the police, handover the husband and he will be taken in police jeep, you can sit aaram se in the front seat.  Upon reaching the police station, dont stop, shout some more, cry, break bangles, (keep two three sets of bangles in purse), wipe away the sindhoor etc.  Rest the police will do, file DV, 498a, etc etc, I bet your husband will have a heart attack by then.

 

If this is not sufficient, next day morning go to social welfare officer and repeat the same drama, throw 1000 rs note they wiill directly file DV complaint without conducting enquiry.

 

Other options are approach Magistrate with same drama, no need of written application, just oral submission is enough both in all places, they will only write and give blah blah you just have to put your left hand thumb impression on stamp pad.

2 Like

(Guest)
Agree with Helping Hand ;) tuk tuk (autohide) and would add one more point... Then the case will go on trial..........and after 1-1/2 decade case will be posted for orders and suddenly the wide who never appeared in court will appear like God out of thin air.. And LD Magistrate will give one morel onnnnngggggg date... Adv Chaddah will happily make note of next date while Adv Govind will keep testing his lung volume by shouting TAAREEKH PAR TAREEKH PAR TAREEEKH only to get best supporting actor for the Rajkumar Santishi directed movie DAMINI.. That's aaaal me Lord... Lol
1 Like

(Guest)
Agree with Helping Hand ;) tuk tuk (autohide) and would add one more point... Then the case will go on trial..........and after 1-1/2 decade case will be posted for orders and suddenly the wide who never appeared in court will appear like God out of thin air.. And LD Magistrate will give one morel onnnnngggggg date... Adv Chaddah will happily make note of next date while Adv Govind will keep testing his lung volume by shouting TAAREEKH PAR TAREEKH PAR TAREEEKH only to get best supporting actor for the Rajkumar Santishi directed movie DAMINI.. That's aaaal me Lord... Lol

Ms.Usha Kapoor (CEO)     29 October 2016

an  aggrieved woman  or victim of  domestic violence may approach  a Protection Officer APPOINTED UNDER TH E ACT, SERVICE RPROVIDER SUCH AS  NGO WORKING FOR WOMEN'S RIGHTS OR POLICE WHO IN TURN AMY DIRECT  HER TO  THE CONCERNED MAGISTRATE. According to the PWDVA the following persons should be approached by  the victimof domestic violence:

AUTHORITIES RESPONSIBLE AND THEIR FUNCTIONS

The Act provides for appointment of Protection Officers and Service Providers by the state governments to assist the aggrieved person with respect to medical examination, legal aid, safe shelter and other assistance for accessing her rights.

 

Protection Officers: These are officers who are under the jurisdiction and control of the court and have specific duties in situations of domestic violence. They provide assistance to the court in preparing the petition filed in the magistrate's office, also called a Domestic Incident Report. It is their duty to provide necessary information to the aggrieved person on Service Providers and to ensure compliance with the orders for monetary relief.

 

Service Providers: These refer to organizations and institutions working for women's rights, which are recognized under the Companies Act or the Societies Registration Act. They must be registered with the state government to record the Domestic Incident Report and to help the aggrieved person in medical examination. It is their duty to approach and advise the aggrieved person of her rights under the law and assist her in initiating the required legal proceedings or taking appropriate protective measures to remedy the situation. The law protects them for all actions done in good faith and no legal proceedings can be initiated against them for the proper exercise of their powers under the Act.

Court of first class Judicial Magistrate or Metropolitan Magistrate: This shall be the competent court to deal with cases of domestic violence and within the local limits of this court, either of the parties must reside or carry on business or employment, or the cause of action must have arisen. The Magistrate is allowed to hold proceedings in camera if either party to the proceedings so desires.

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498aVictim (sdfasf)     29 October 2016

thanks everyone for your suggestions. preparing to send ex-wife outside parents house, hence anticipating DV case which is the only case she has not filed so far.

Kumar Doab (FIN)     29 October 2016

Prepare for your defense.


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