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priyadarshee goutam (student)     23 April 2013

Need advice regarding a critical case

th e case is that..my frnd is going to file a case on domestic violence upon his parents .so she is being restricted at home .so now every legal documents are ready...but the advocae is telling that to file a case she must come infront of the magistrate..the man thing is if she comes out of the home than ,i m fearing that her parents would file a kidnaping case upon me.. plz help me i dnt understand what to do.



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 4 Replies

priyadarshee goutam (student)     23 April 2013

any other way to file a case.........plz advice all posibilities

ajay sethi (lawyer)     23 April 2013

 

Domestic violence act .

4. Information to Protection Officer and exclusion of liability of informant.-(1)

Any person who has reason to believe that an act of domestic violence has been, or is being,

or is likely to be committed, may give information about it to the concerned Protection

Officer.

(2) No liability, civil or criminal, shall be incurred by any person for giving in good

faith of information for the purpose of sub-section (1).

5. Duties of police officers, service providers and Magistrate

 

 

.-A police officer,

Protection Officer, service provider or Magistrate who has received a complaint of domestic

violence or is otherwise present at the place of an incident of domestic violence or when the

incident of domestic violence is reported to him, shall inform the aggrieved person-

(a) of her right to make an application for obtaining a relief by way of a protection

order, an order for monetary relief, a custody order, a residence order, a compensation order

or more than one such order under this Act;

ajay sethi (lawyer)     23 April 2013

in view of the clear provisions of section 4 of DV act as friend you cna draw attention of PO to acts of domestic violence being committed in your friend household . under section 5 you cna complaint to magistrate about such a offence your friend can also avial of free legal aid .

stanley (Freedom)     23 April 2013

@ Author 

1. whats the age of your friend .

2. if she is a minor than they can very well file a case against you or a missing report / Fir nd you would be in trouble .

3. have they locked her in the house or in a single room and tied up her hands .

4. And may we know who is sponsering the fees of the advocate are you and can you bear the fees for next 4-5 yrs and have the time to run around courts as it costs time ??

5. Once Dv is filed the family is going to break up it would be better to convince the parents by involving elders and resolving the issue rather than breaking their bond .


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