pichandi (123) 02 October 2012
If a wife files DV act case against husband before court along with the copy of police complaint filed in local police station before DV act.
1)Under DV act, Will the court seek investigation report from police station about the police complaint?
2)If police gives favorable reply on behalf of the husband (as its true outcome of there investigation), will this be considered and DV act case be turned in favour of husband?
sibasish pattanayak (lawyer) 02 October 2012
HI PICHANDI,
As per statute DV appliication may file direct to the filling section and the same to be transfer to the jurisdition court ( jmfc ), ther is no need to file any copy of police complaint, if wife file any application to the Ld. court u/s 12 , r/w sec 23 complying with rule 6(4) and rule 7 along with affidavit u/s. 23(2), the court is empowered by the Lagislature to pass interim order as exparte u/s. 18/19/20/21/22 as the case may be.
on the other hand court may seek assistance by calling a report from the Protection officer (DIR) PRIOR TO PROCEED .
regards,
sibasish pattanayak,
advocate.
09874854594 /0477090999 / 09231668664.
Ranee....... (NA) 02 October 2012
These will be judged at the time of evidence.
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