Status of interim application in dv act

1.Interim application date can be earlier.

2.No time limit.it is at the discretion of judge.

3.DIR(domestic incident report) must have in it,incident date,which would be different from DIR filling date.

4.The DIR should have contained all incidents of domestic violence & proofs.anyway,it wil help in the trial.

1. Is the hearing date of Interim Application happens on the same date as of main petition or Ld PO may give earlier dates to decide the reliefs in interim application.

NO. Interim application is section 23 of the Act. The judge hears both sides and they passes an order for Interim maintenance. For this the complainant wife need not come for evidence and cross questioning. The judge may ask you to pay some monthly maintenance.

After that she/wife files and affidavit. This is her evidence and she will be cross questioned on the basis of her affidavit and her complaint/report of the protection officer.

You and your lawyer have to sit to prepare the questions for cross questioning.

2. Is there any maximum time limit for interim application to be decided or it can stretch even upto the end of the case. 

There is no time limit, but the interim application will be disposed off first and then the main case will start.

3. Is date of filing of DIR  by Protection officer  is taken as the date of incidence ?

NO. She will narrate the story to the protection officer. She will mention the dates of the alleged incidents. The protection officer will prepare a report and submit in the court. It will become a part of the application u.s section 12 of the act. She can be questioned on the same during cross questioning. The Protection officers report is another doucment will will be accompanied with the complaint under the DV act.

4. If the petitioner before coming to court, has reported the domestic violence incident to some other legal setup like police station, women cell or state/national women commission, Does consider this reporting as valid domestic incident on which the petition has been filed. OR the court alway take into the account the DIR and its date of filing as the valid document and time for the DV case.

Please understand that the Police can only act on cognizable offences. Cognizable offences do not need and order from the magistrate for action. The police Inspector can act directly on the complaint. Acting means make an FIR.

The DV case complaint has to be submitted to the court under affidavit. 

If the complaint was given to the police, you have to find our what that police has done with the complaint. Has there been an FIR. or NOT? If the police sees that the alleged offences in the complaint do not come under cognizable offences, they might prepare a report and send it to the court. And then the court will decide what to do with the complaint. 

Generally on a complaint, regarding matrimonial disputes, the police files an FIR u.s 498A, 406 or DP act. 

The FIR or the complaint may be attached with the application under the DV act. But DV case has to be filed separately in the court.

Vikram

nothing to add after vikram.........................

Thanks Chitanya Ji, Vikram Ji, Nadeem Ji, and Dr. Pawan for taking the time and replying to my queries,

The answers to my Query at points 1. 2. and 3. is clear to me.

Regarding point number 4,  I try to rephrase my query as under.

Supposing that there is some delay in last domestic incidence and filing the case in court (not more than 1 year though), the case has been filed in the court citing all domestic incidences including the last one (which happened almost 11 months before the date of filing of the case)

If a question is raised to the petitioner that why she did not approach the court earlier, if she has got the record that she reported the incident to Women Commission/  Police as and when the incidents happened, then will it be taken on record that there were no deliberate delays from the petitioner side to come to court (as she might be waiting that things will become normal after her husband assurances to the women commission and police that he will not repeat the things again) but when she waited for some time and observed that husband's behavious is still like the same, only for the sake of saying to these authorities he has promised to keep good conduct, he still maintains his bad behavious, then she approached the court filing DV application citing the doemestic incidences which happned till some past time.

Thanks in advance,

Nishant

The woman will need proof of whatever you stated regarding concelling by police/women commission.

Thanks Chaitanya Ji,

1. First time, the lady reported the matter to National Commission for Women on 12th November, 2009 [have copy of written application]

2. Police complaint on 17 December 2009 after receiving threats from husband, that time counselling in NCW was on. after this compalint the lady left her matrimonial home.

3. She given the case to advocate in Mid November 2010, case was filed on December 1, 2010 and date of admission was given for 06th December 2010.

4. First hearing date was 16/03/2011

5. DIR was filed by PO in June or  July 2011.

Thanks

Nishant 

DIR should have contained these proofs to substantiate the allegations.

you can use them in trial to prove your allegations.

what is the current status of DV case?

1. First time, the lady reported the matter to National Commission for Women on 12th November, 2009 [have copy of written application]

Complaint in the NCW has nothing to do with any case filed in the Court, whether DV or 498A.

In my case also a complaint was filed in the State Commission for women. We were called. I Went and presented my case, and the chairman was convinced and later dismissed her complaint.

NCW works, only before the matter goes to the court. They try to prevent the matter from going to the court, because once the matter goes to court, there is hardly any possibility for a reconcillation.

You can keep the copy of the complaint with you, but it will be of no use in the court.

2. Police complaint on 17 December 2009 after receiving threats from husband, that time counselling in NCW was on. after this compalint the lady left her matrimonial home.

I dont think the police made an FIR out of the complaint. Did they?

3. She given the case to advocate in Mid November 2010, case was filed on December 1, 2010 and date of admission was given for 06th December 2010.

4. First hearing date was 16/03/2011

5. DIR was filed by PO in June or  July 2011.

The Protection officers report can come later. Dont worry. Try to find our the contradiction in the report to PO and the main complaint.

Next, as I have replied in my previous reply, you have to reply to her complaint.

The court will hear both sides and order an interim maintenance. Interim maintenance application is section 23 of the act. After the judgement, I would suggest you appeal u.s 29 of the act in the sessions court and also pray for staying the case.

It properly presented, the case will be stayed.

My appeal u.s 29 of the act is pending in the sessions court for the last 1 year and 4 months..and the case in the lower court has been stayed. 

Best of Luck

Vikram

Thanks Chaitanya Ji for your answers,

At Present the status of case is as follows

1. Interim application for visitation rights to meet the child, and for reimbursements of expenses spent on rent, food, clothing, medicine have been claimed by petitioner, The husband has still not appeared once in the case, he has moved the application for relaxation of personal appearance.

2. Next hearing date for interim/ main application is in second week of feb. 2012

Thanks Vikram Ji for your detailed answer, It looks that you are also into a court battle,

Thanks,

Nishant