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.
498aVictim (sdfasf) 28 October 2016
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.
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
saravanan s (legal advisor) 28 October 2016
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.
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.