domestic violence complaint
Querist :
Anonymous
(Querist) 07 April 2010
This query is : Resolved
plz tell me if a woman (who is continuously suffering from DV by husband)ultimately decides to leave matrimonial home and starts legal proceedings from her parental home, is it necessary to complain anywhere (like local P.S. etc)in her matrimonial place before leaving? Can the husband immediately take some legal action before the woman takes legal action from parental home?
adv. rajeev ( rajoo )
(Expert) 07 April 2010
She can initiate the legal proceedings against the husband from her parental home. But I have got some difference regarding jurisdiction of the court in DV cases.
Rule 5 of the DV Act : Domestic incident reports (1) upon receipt of a complaint of doemstic violence, the protection officer shall prepare a domestic incident report in Form I and submit the same to the magistrate and forward copies thereof to the police office in charge of the police station within the local limits of jurisdction of which the doemstic violence alleged to have beenb committed has taken place and to the service providers in that area.
(2) Upon a request of any aggrieved person, a service provider may record a domestic incident report in Form I and forward a copy there to the magistrate and the protection officer having jurisdiction in the area where the domestic violence is alleged to have taken place.
This rule is very clear so in my opinion even jurisdiction of the court lies with the place where the alleged incident of DV act is committed.
In my opinion to take the benefit of DV act it is better to complaint in the matrimonial place.
Guest
(Expert) 07 April 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE9271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nankumarbs@sify.com
REGARDING THE COMPLAINT UNDER DOMESTIC VIOLENCE ACT KINDLY NOTE THAT
1.YOU MAY FILE COMPLAINT DIRECTLY TO THE COURT OF CHIEF JUDICIAL MAGISTRATES COURT EITHER AT YOUR PARENTS PLACE OF RESIDENCE WHERE NOW YOU ARE RESIDING OR YOU MAY FILE THE SAME AT THE PLACE OF YOUR HUSBANDS RESIDENCE.
2.I SUGGEST AND CONSIDERING THE SAFETY AND CONVENIENCE AND FINANCIAL ASPECT OF APPLICANT WIFE IT IS PREFERABLE TO FILE THE COMPLAINT AT PLACE OF RESIDENCE OF WIFE WHERE SHE IS STAYING WITH HER PARENTS.IT WILL BE MORE ECONOMICAL AND SAFE ALSO AS SHE WILL NOT BE TRAVELLING FOR COURT DATES IN AREA WHERE THE OTHER SIDE HAS STRONGHOLD.ONLY PRECAUTION YOU HAVE TO MENTION THAT THE COUPLE ALSO RESIDED AT THE HOUSE OF PARENTS OF WIFE FOR SOME PERIOD AND THE HARASSMENT ALSO TOOK PLACE AT THAT PLACE ALSO.AT THE TIME OF DRAFTING OF COMPLAINT IT SHOULD BE CAREFULLY DRAFTED SO THAT OBJECTION JURISDICTION POINT WILL NOT ARISE .
YOU MAY WRITE AND SEND DETAILS IN CASE ANY FURTHER HELP IS REQUIRED.
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
