Shiva......... (owner) 29 April 2014

What is the role of cdpo in dv act case

Dear friends & experts, could anyone explain me the duties and responsibilties of CDPO in DV cat case.

Brief background about my case. My EX filed DV act case more than a year back. But trial not yet started. Divorce case filed by me 6 months back has reached judgement stage but not yet delivered. Hopefully and by god's grace might come in my favor.

Now i have to concentrate on DV act case.In this case CDPO has submitted a report with only my ex's saying/stories without any evidences. CDPO has never contacted me or my parents. Blindly they have made me, my parents and sisters as respondent. How valid is the report submitted by CDPO without doing a complete investigation? how can i nail that CDPO in this matter, who has done a single sided investigation and submitted report favoring the opposite party?

In fact in divorce case my Ex made all same to same allegations as in DV act case and failed to prove even a single allegations, so is it worth to file for quashing DV act case at high court? Or is it must to undergo trail in DV act case?

Thanks in advance

Shiva....

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2 Replies

stanley (Freedom) 29 April 2014

A PO can make home visit only after an specific Order is passed by Magistrate Court on request of aggrieved person / wife and more so only after Protection Order(s) to supervise its implementation by respondent / husband and arrayed persons is made but definitely not before and or at the time of making a DIR.

The Duties of Protection Officer (S. 9 DV Act 2005) for your clarity are mentioned below;

- To assist the Magistrate in discharge of his function under the Act.

- To make DIR to the Magistrate in prescribed form (Form -1 and a copy to the police & Service Provider).

- To inform the aggrieved person of her legal rights & remedies.

- Duty to facilitate aggrieved person’s access to support services and to take protective measures as follows.

- To take aggrieved person to a safe shelter home (report to Magistrate and police).

- To have the aggrieved person medically examined (report to Magistrate & police).

- To maintain a list of registered service providers, shelter homes, medical facilities.

- To liaise between aggrieved person, police and Service provider.

- Duty to facilitate aggrieved person’s access to court as follows.

~ To assist in preparing an application to obtain relief/s as per Form -2.

~ To ensure that legal aid is provided to the survivor under LSA Act (1987) and make available concerned Form free of cost.

~ Duty to comply with the orders of Court.

~ Ensure notices are served.

~ Conducting home visits.

- Report to court regarding economic assets, bank accounts etc. of respondent

- Restoring of streedhan in shared household.

- To ensure that the order for monetary relief is complied with and executed as per CrPC, 1973
etc.
There is specific Clause in DV Act 2005 which bars prosecution againstPO who “make DIR in good faith” ! Keep guessing now how STATE starts the bias and how a husband / arrayed respondents becomes sitting duck. It is like saying what a metro wife says is THE ONLY GOSPEL TRUTH J