Bhaskar for SOCIAL JUSTICE (Legal & Social Activist) 29 January 2012

Domestic voilance

Dear Experts,

Is it mandatory for the police to file FIR in each and every case of alleged DV or they do some investigation before filing the FIR.

If FIR is not filed and complaint is rejected then can she ask maintenance under DV ACt or not.

Please advise.

Tx and regards

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4 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 29 January 2012

Police do not lodge FIR under DV act as this is not basically a cognizable Act except its section 31. Aggrieved lady can directly do to reelvant court and may lodge its application under section 12 of Dv Act.

adv. rajeev ( rajoo ) (practicing advocate) 29 January 2012

I agree with Raj Sir. DV act report will be filed by Protection Officer appointed under the DV Act.

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist) 30 January 2012

Dear Sir's

My main concern is whether it is mandatory for Police/Court to file FIR and take action against innocent respondents or do they do some investigation also before fling of formal FIR and taking action against the husband.

And can wife get maintenance under two Act at a time and what is the differnce in maintenance under DV Act and Hindu Marriage Act.

Thanks