sandeep 16 May 2017

Regarding protection officer report

Dear Members

my wife filed DV case against me at Delhi after 9 months of leaving my home. on receving summon i appeared before sessions court. after going through the papers i found a protection officers report was attached. after that my lawyers argue that the said report was prepared without our knowledge. however the magistrate passed interim order and in the order magistrate write that the said report was prepared after consultation of both the parties. my lawyers also filed objection against such report before passing of such order.

again my summon was issued on 15th jannuary 2017 to appear on 1st february and protection officer prepared her report on 1st february and submitted after that which i found on march 6th 2017.

please help me in this regard like what steps i have to take as my lawyers suggest magistrate can do anything and can pass any order. my financial condition is not very healthy to afford a big lawyer. but i sincerely request all of you to provide some guidance sothat i can force my lawyers to act.

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9 Replies

Sachin (N.A) 16 May 2017

Mostly in all the cases of DV Act, Protection officer prepare DIR report while sitting in her office and no one reads that report not even Magistrate and parties. This is only legal formality. So don't bother much about the report. Contest the case on merits.

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sandeep 16 May 2017

thanks@sachin sir,

But my point is before the report of protection officer is submitted before the Court how can magistrate issue summon to me and even two dates passed before protection officers report submitted to court.

sandeep 16 May 2017

Again sir i am not worry about the case as i have already made up my mind to remarry without divorcing the first and fight as many years as possible no mcd also. no money to be given. i have refused to pay any money as interim maintainance ( as i told i am financially weak and cannot run case and maintainance simultaneously) and told court to take action as i do not waste time in filling appeal. i told court to inform me which jail to go as i do not waste time. if after going to jail she gets money the court must be happy. in the mean time i have resigned from my job and submitted it to court. NOW AS OF NOW COURT DO NOT TAKE ANY ACTION NEITHER MY WIFE SIDE.

CAN I GET BAIL IN THIS CASE IF COURT ORDERED SO??

sandeep 16 May 2017

TO BE FRANK AS I AM FINANCIALLY WEAK I JUST WAIT WHAT THEY DO. I AM NOT GOING TO FILE ANYTHING ON BEHALF OF ME. AS SIMPLE AS THAT. MY ONLY CONCERN TO GET BAIL IF ARREST WARRANT TO BE ISSUED

Sachin (N.A) 16 May 2017

Your stratergy is not correct.

There are other ways to avoid maintenance. You may appoint a lawyer from Legal aid cell free of cost.

FREDYCHARLES RK - Bangalore (Advocate) 16 May 2017

While your emotions are to be respected, but dont be so naive to say that you are going to get remarried and ready to go to Jail. There are instances where adverse inference can be drawn, if you try and challenge the Court to send you to JC. Rely on your merrits and contest.

Kumar Doab (FIN) 16 May 2017

Your lawyer has already filed objections to interim order.

S.B.adil rahman (Legal Consultant ) 17 May 2017

The law has nothing to do with your emotions. You have to fight the case. However, you may represent yourself and argue your own case with the permission of the court. As regarding point of law, the court will look in to that. You have to impress upon the court with the facts supported by the evidences.