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Ramesh (student)     08 August 2013

Domestic violence act

Dear all experts,                          08/08/2013

Many metro courts in India where a seasoned and wise judge are functioning after accepting the complaints in respect of the DV Act first go through the complaint and see whether all or any respondents have lived together with the complainant or residing separately and whether there is any ground of harassment in the complaint and also view the substance of the complaint  in the angle of the DV Act and thereafter issue notices to concern respondents.

Some of the Metro court is purely functioning in a post office manner and whenever any complaint received, they immediately issue notices to the respondents listed in the complaint without giving a thought to ingredients of the complaint and thus innocent respondent unnecessary suffered a lot.

Please guide what is the exact procedure after receiving a complaint as per the act and different high court/supreme court judgment to impart justice to all concern respondents and in such types of cases how to safeguard the innocent in the proceeding.Thanking you



Learning

 4 Replies


(Guest)

Corruption is the root cause.


1.  First woman should contact CAW cell.

2.  They look into matter, then forward such complaint to Social Welfare Officer.

3.  There social welfare officer should see what is the complaint.

4.  Then SWO should call the husband regarding the complaint and do counselling.

5.  If husband is not coming, the SWO should send notice to the husband for appearing before the SWO counselling center, at which address?  At address provided by the wife, either employment address or home address.

6.  Even if the husband is not recieving the notice to come for counselling, then SWO will send one person called as Security Officer to go check where actually is the husband.

7.  Like this notice is delivered to the husband/co-accused.

8.  Then the actual counselling should take place. Such counselling/mediation should be VDO recorded and next submitted to Magistrate.

9.  If the SWO finds that domestic violence has took place or is about to take place again, then only the SWO should forward the complaint to the Magistrate.

10.  There too after it is found that DV as taken place, Magistrate should arrange for counselling for husband and wife and look into the matter personally after viewing the VDO sent by SWO or if SWO is not there in that area, Police will do the above procedure.

This is the procedure which should be followed.


But in reality the time frame between the initial complaint and the matter which goes to the judge will be cut short by using the power of Red Colored Gandhiji Note.


Many other related things are there for this cutting short of procedure which are very lenghty to explain. So I stop here.

498A__misused (Sec)     08 August 2013

Sorry to ask but i have seen case where I/O called husband once, He never appered in front of I/O as husband phone was not reachable .

Finally my friend received summon from court to apper in DV case along with 125 CASE.

Is this a right procedure? or he can do something about it.

 

also what is VDO and SWO ?


(Guest)
Originally posted by : 498A__misused


Sorry to ask but i have seen case where I/O called husband once, He never appered in front of I/O as husband phone was not reachable .

Finally my friend received summon from court to apper in DV case along with 125 CASE.

Is this a right procedure? or he can do something about it.

 
Once recieved summons from court, without fail appear in court, along with co-accused.  Then take lenience for co-accused.  But make sure main accused must and should appear in court dates of DV case.  Now nothing can be done as I/O or SWO [social welfare officer] stage is over.  Now fight to finish, that's all.


also what is VDO and SWO ?

 

VDO = video, like video cd, DVD, like that... they make VDO recording of all such statements and mediation/counselling.

gd dy (gd dy)     08 August 2013

@ helping hand:

to harass husband, if wife provide wrong address say play some mischief so tht he would not receive any communication thn. on wife side she has only do to   express sorry.


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