MyNation Foundation Forum » Advice » Domestic Violence

Dom. Violence- no report from prot. offcr, no report from service provider

(3 posts)
  1. GFDB
    Member

    filed february 2009
    this order was passed september 2009

    ........this order shall dispose off the contention of ld adv. for the respondent that the present application filed by the applicant mrs XYZ is not maintainable, as there is neither a report from the protection officer, nor from the service provider to the magistrate in terms of provision to section 12 of the section of the Act in question and there has been absolutely not even an iota of incidence resulting into domestic violence in order to attract the provisions of act in question. He further submitted that each and every averment made in the complaint dated 29/1/2009 is denied being false so because the allegations are in respect of incidents..........

    .............on the other hand it is the case of the complainant that at this prima facie case the court should not adopt a hyper technical approach, as the protection officer as not filed report to the magistrate as required under DV act, on the contrary the court has to find out what was the case of the petitioner and what relief she was seeking against her seperated husband and therefore the contention raised by the respondent has to rejected and matter has to proceed further............

    Posted 6 years ago #
  2. Dr.Dsouza
    Member

    This order came from higher court ? or you went to quash her DV ?
    she may asked some relief along with dv complaint.
    as her dv is found to be false. and there is no final order from lower court so Higher court will not reach any verdict unless lower court decide about other relief she asked.

    may be protection from husband
    intrime maintenance,
    house
    share in property
    etc.

    so you can appeal in lower court, saying said FIR is false and dismiss her all demands.

    Posted 6 years ago #
  3. Dr.Dsouza
    Member

    if there is no report from IO to court as court said.

    file a RTI with police. asking

    certified copy of charge sheet.
    certified copy of Police dairy

    Posted 6 years ago #

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