Role of protection officer in domestic violence case

Querist : Anonymous (Querist) 30 December 2011 This query is : Resolved
My wife has filed a false domestic violence case against me and parents and my younger sister.My wife left my home on 1st November 2010 to attend her brother's marriage and did not return after that. I received the notice from court on 1st November 2011(I received this notice just one month prior to my younger sister's wedding who is also one of the respondent).My lawyer had filed a case dismissal application saying that there is no report from protection officer. The appeal was rejected by Hon. court but at the same time the court ordered for submission of the domestic incident report.Till date no report has been received.My questions are:
1. Can the court pass interim maintenace orders without the report from the protetion officer?
2. If the answer to fist question is yes, can I appleal against the maintenance order in the session court?

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Advocate. Arunagiri (Expert) 30 December 2011
The affected person can make a complaint to the Court, without going to the Protection officer.

The court is having all such powers to pass interim maintenance and shelter orders.

Of course you have the right of appeal.

Nadeem Qureshi (Expert) 31 December 2011
Dear Querist
the PO is not necessary in DV act, PO is optional, if any party go before the court directly then the court shall entertain the party without PO's report & court is not bound to take any report from PO in this regards, if any person/aggrived person file an application for interim meintinence & court think fit to pass an order for IM, the court may pass the order.
yes you can file an appeal before session court within 30 days on receipt of that order. u/s 29 DV Act
feel free to call

Deepak Nair (Expert) 31 December 2011
Agree with Mr. Arunagiri & Mr. Nadeem

Advocate Bhartesh goyal (Expert) 31 December 2011
Agree with experts opinion.

Devajyoti Barman (Expert) 31 December 2011
Yes complaint under PWDV Act can be filed directly to the Magistrate as well.

prabhakar singh (Expert) 01 January 2012
The Magistrate can entertain applications even without report of Protection Officer,and is empowered to pass all orders under the act against which you have right to file appeal within 30 days.

Shonee Kapoor (Expert) 07 January 2012
Rightly advised.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

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