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Ajay Kumar (Govt)     02 January 2013

Protection officer

Dear Experts

 

Lady has filed petition alleging domestic violence against all four members of the family even while living independently 95% of the time in govt provided accomodation outstation.

 

She deserted on her own, now making grounds of DV to harass. does separation of 2.5 yrs before filing the petition demerits the lady's case?

 

No police complaint filed ever, charges of domestic violence already investigated by police via a pseudonymous complaint and dismissed as frivolous, copy of report available. How much this document be of help?

 

Is it mandatory for the protection officer to visit the site where alleged domestic violence has taken place before filing an DIR report, what actions are taken by the protection officer at the site?

 

How honestly do the protection officers do their work, is foul play anticipated?

 

You are requested to address the queries point wise.

 

Regards



Learning

 5 Replies

Nandha (NIL)     02 January 2013

good queries... even i wanted to know the answers!

 

Experts, please advise.. thanks

Tajobsindia (Senior Partner )     03 January 2013

1. The belated stage complaint if made itself dilutes the alleged offences inference taking r/w if you can produce evidence of her 95% time out from shared household further r/w police zero report after investigation as the first multi-agency she approached under alias complaint wich you say in your query and who turned her back after due investigations and whose true copies you claim that you have. Produce these on first available opportunity and now allow Court to put applicaiton of mind on dream violence incidences.

2. A
PO
can make home visit only after an specific Order is passed by Magistrate Court on request of aggrieved person / wife and more so only after Protection Order(s) to supervise its implementation by respondent / husband and arrayed persons is made but definitely not before and or at the time of making a DIR.  

3.  
The Duties of Protection Officer (S. 9 DV Act 2005) for your clarity are mentioned below;

 

- To assist the Magistrate in discharge of his function under the Act.

- To make DIR to the Magistrate in prescribed form (Form -1 and a copy to the police & Service Provider).

- To inform the aggrieved person of her legal rights & remedies.

- Duty to facilitate aggrieved person’s access to support services and to take protective measures as follows.

- To take aggrieved person to a safe shelter home (report to Magistrate and police).

- To have the aggrieved person medically examined (report to Magistrate & police).

- To maintain a list of registered service providers, shelter homes, medical facilities.

- To liaise between aggrieved person, police and Service provider.

- Duty to facilitate aggrieved person’s access to court as follows.

~ To assist in preparing an application to obtain relief/s as per Form -2.

~ To ensure that legal aid is provided to the survivor under LSA Act (1987) and make available concerned Form free of cost.

~ Duty to comply with the orders of Court.

~ Ensure notices are served.

~ Conducting home visits.

- Report to court regarding economic assets, bank accounts etc. of respondent

- Restoring of streedhan in shared household.

- To ensure that the order for monetary relief is complied with and executed as per CrPC, 1973
etc.

4. There is specific Clause in DV Act 2005 which bars prosecution against
PO who “make DIR in good faith” ! Keep guessing now how STATE starts the bias and how a husband / arrayed respondents becomes sitting duck. It is like saying what a metro wife says is THE ONLY GOSPEL TRUTH J


Hope your till date para wise questions are attended to!

2 Like

Ajay Kumar (Govt)     03 January 2013

Thanks for your reply, you have always been of grr8 help.

please help answer two more queries.

interim maint Rs 10000/- after modification of administrative order been granted by divisional bench Armed forces tribunal (higher judicial authority) till disposal of case. contempt of court notice also served to army for non implementaion of court order. Lady has approached another court making interim payer for seeking maint under crpc 125 and Domestic violence act. 

complete record of Wife's admission and visits to hospitals during the alleged period of domestic violence also available with copy of diagnosis and investigations carried out, same also verify usage of premium medical facilities and no such fact of domestic violence is recorded. contrary to what has been alleged by wife.

what is your assessment of present situation, any recommendations, shall be grateful for your objective advice.

Ajay Kumar (Govt)     03 January 2013

Thanks for your reply, you have always been of grr8 help.

Tajobsindia (Senior Partner )     03 January 2013

1. The 10 K shall continue in a sub-judice matter before Army Tribunal till finality or till change of circumstances appears to have been made which to me she made via (directly )invoking S. 127 CrPC !.

2. The Contempt is due to non implementation by Army Authorities of a Civil (quasi) Court Order as in not able to secure relief payment continuation to aggrieved person / wife is my view.

3. She has a right to approach a Civil (quasi) Court while her matter is sub-judice before Army Tribunal and for the same she need not to take any leave from Authorities. I have seen in real life many such duplications when Army Officers wife do so under influence of wacky cantonment advocates.  

4. When true copy medical brief available the Dr. (specialist) should be made witness for cross examination of such records and moreover if she prays "medical compensation" head under DV Act then same will be not allowed is my view.

Recommendation is to hire locally a seasoned advocate who has better grip of flimsy drafted DV Act 2005 and process the charges accordingly,

BTW what were your two questions? I found some summery of events and inference being drawn from me not specific questions unless I missed some out of touch cantonment English syntax herein
J 

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