domestic incident report

Querist : Anonymous (Querist) 17 December 2010 This query is : Resolved
wife charged fir 498a etc then maintenance claim with pwdv act-

with maintenance claim she did not filed domestic incident report further while granting interim relief the court also did not called any domestic incident report

can i ask court with written appeal to call for domestic incident report as i think it will also help to process of 498a for acquittal?

can i ask trial court where the 498a is still on evidence, wife is not taking summons, to give any evidence with pray that wife has also filed for maintenance at her maternal city in pwdv act to call for domestic incidence report?

what to do if both the court reject to call for the said report?

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Raj Kumar Makkad (Expert) 17 December 2010
First of all move such application and wait for its result. Why to deem that your applications shall get rejected. In case rejected, then you shall have to go to HC in revision by way of writ.

Devajyoti Barman (Expert) 17 December 2010
No you can not nor the Magistrate is bound to consider such domestic incident report. Such report has no bearing on the 498A case as well.

s.subramanian (Expert) 18 December 2010
I agree with Mr.Barman,

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