domestic voilence act 2005

parshotam lal (Querist) 23 February 2010 This query is : Resolved
MY DAUGHTER IN LAW HAS FILED COMPLAINT IN dOMESTIC VOILENCE U/S 18 f,g & 20 IN Nov 2007WITH OUT ANY REPORT FROM PROTECTION OFFICER AND WE ARE SUFFERING FOR THE LAST MORE THAN TWO YEARS AND SHE REFUSED TO PARTICIPATE IN INQUIRY AT WOMEN CELL ON THE COMPLAINT OF MY SON FILED BEFORE SHE FILED CASES U/S 498A 406,323,504.506 ipc AND 3/4 DOWRY ACT. THE CASE STARTED WITH OUT ANY REPORT AND WE LATER OBJECTED AND ASKED FOR INQUIRY AND NOW ON HER VERSION THAT THE PROCEEDINGS TO CONTINUE WITH OUT REPORT AS THERE IS NO PROTECTION OFFICER APPOINTED WE ARE HAVING MANY PROOFS AND NOW WHAT SHOULD WE DO. CAN THE CASE CONTINUE WITH OUT ANY REPORT.
How can I call those in the court who have done cruelty with my son.

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Raj Kumar Makkad (Expert) 23 February 2010
If no protection officer has been appointed in a particular State or area even then court can proceed the complaint filed under The Protection of women from Domestic Violance Act.

So far as your cases are concerned, you have no option but to defend those vigorously on the basis of evidence in you hand.

Guest (Expert) 23 February 2010
AGREE WITH Mr.Makkad

Sanjeev Panda (Expert) 23 February 2010
I agree with Mr. Makkad. The court can proceed without the protection officer report on the basis of complaint filed by your daughter in law u/s 12 of the DV Act. She has sought relief u/s 18 i.e. protection order and u/s 20 for monetary relief. The report of Protection officer is not mandatory. You have to defend your cases with the evidences you have. Please engage a proficient lawyer who can defend you on the basis of the strong evidences you have.

Ashok Yadav (Expert) 23 February 2010
I do agree with Mr. Makkad and Mr. Sanjeev

Adv.Shine Thomas (Expert) 24 February 2010
I do agree with above views

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