Help related to dv case
sushila modi
(Querist) 03 December 2011
This query is : Resolved
Dear all experts,
DV case of my son is running in trial court.
q-may I know the meaning of "incident report" on which DV act is running.( section 12) explain plz.
it is related to last day residence or select any allegation from anywhere/ any time mentioned ,frame and file complaint
q-if the allegations in main complain are clearing by the submitted document of the complainant &.....
.....complaint is full of inconsistent statements.
Hon court consider such complain as null and void or consider under misguiding the court.
as complaint is saying something and submitted document opposite to them.
how to file such application in court
thanks in advance
Devajyoti Barman
(Expert) 03 December 2011
Your son after entering his appearance in the case needs to file a detailed written apply. The court comes to the conclusion only after hearing both the parties and perusing documents of them as well.
In the written reply your son can highlight all those contradictions and falsity.
Have some patience till then.
Nadeem Qureshi
(Expert) 03 December 2011
"domestic incident report" means a report made in the prescribed form on receipt of a
complaint of domestic violence from an aggrieved person;
You can file a quash petition against the complaint before HC and prove your defence if Court think fit then quash the all proceedings/complaints against your son.
feel free to call
V R SHROFF
(Expert) 03 December 2011
Sushila Modi
Court will come to conclusion, after going through her complaint , her Documents, Your Say & WS.
In any case if she is not earning, Maintenance Order will be passed. All allegations are true or false, The Court have inherent power,and in DV Act, no strict provision of either Cr.PC, or CPC . Court have its power.
In one of my case DVA , I am for husband, and no order against H is passed for Last Two years, despite continuous appearance and insisting of Complaint. How you handle it is very important apart from facts.
Court will never consider any DVA Complaint as Null and Void.
If you have valuable Residential Property, and she claim it as shared household and her residence right, you had it.
You have to return her jewellery, gold, and also pay Maintenance.
Right now, You must file your SAY & WS, that defend you.
You (MIL)need not attend Court, except directed to. Only send your son few times. Let your Advocate handle it in Court. There cannot be Summon or Warrant for this Act. Attendance is not Compulsory, You are not accused.
Any Interim/ Final Order is Appealable.
So Relax, Do not worry about all small details, and it's definition.
If interested, purchase a Book on Domestic Violence & know how it deal.
Wish You Good luck.god bless you and your DIL, so that your son have happy life.
Blessings..
I
prabhakar singh
(Expert) 03 December 2011
I too agree with Qureshi and V R SHROFF .
Shonee Kapoor
(Expert) 06 December 2011
I also second experts.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
