Domestic violence Act

Querist : Anonymous (Querist) 27 October 2010 This query is : Resolved
Questions from Husbands side---
1) Is application /case, under DV Act, is filed through a Court or directly to concerned Police station/women cell by the estranged wife?
2) Victim husband and family got summon from the SHO,Police.
3) What is the proper channel by which DV act,is applied?
4) wife filed false case /misuse of DV act,to hide her illegal relationship with ex- colleague. ( Can victims family be harrased/ arrested by protection officer/SHO).
How the harassment prevented.
Everyone says that women cell always support girls even if she is wrong.

I urge the experts to give their opinion and How to save victim husband and family from this misuse of DV act by estranged wife.

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Devajyoti Barman (Expert) 27 October 2010
1. It can be filed directly in court.
2.From court through police.
3.Through Protection Officer, NGO or Court.
4. There is no provision for arrest once the case is registered. I am not aware of harassment once such case is filed in court. Once the case is filed the husband can put forth such defence which are available to him. The SHO has no connection once such case filed in the court.

bhupender sharma (Expert) 27 October 2010
Sho has no power under the Act of Domestic Violence except on the direction of the Court, in which the complaint is pending.

Arun Kumar Bhagat (Expert) 27 October 2010
1.It is filed directly in Court.
2.Summons can be sent through Protection Order, by Regd. Post or by Police or by special messanger.
3.Through Protection Officer, NGO or Court.
4. Provision for arrest arise on violation of Protection order. Harassment is same as in any case. The husband can put forth his defence which are available to him. The SHO shall act as per direction of the Court or on the complain of violation of Protection order passed if any.