Dv act and maintenance

IN DV after complaint, FIR is not filled.

DIR(Domestic Incident Report) is prepared & trial is conducted on that basis.

Dear Sir's,

That is ok. But my queries are not satisfied.

Tx and regards

As per DV act following is the procedure to be followed:

1A Woman approaches Police officer,Protection Office(PO),Service provider(SP) or directly  to megistrate with her complaint. 

2.Woman is advised to make application to megistrate u/s 12 of DV seeking reliefs namely,maintenance,right to residence,child custody,protection,compensation etc. 

2.Megistrate asks for  DIR from PO(protection officer) or service provider.

3. After submission of DIR,Megistrate passes any interim order at his discretion,whih needs to be appealed to sessions court within 30 days.

4.Hearing Dates are fixed by megistrate.Reply filled by respondent,Trial Begins,parties may be referred to counselling by megistrate.

5.Final order by megistrate.He may dismiss DV or make interim orders final. 

Is it mandatory for police / court to convert convert complaint under DV Act into FIR ?

FIR is only made in Cognizable Offences (Offences as per IPC sections can be eithe cognizable and non-cognizable). In cognizable offences, the police can act directly on the basis of the contents of the complaint. In case of non-cognizable offences, the report is sent to the magistrate and he decides on how to dispose it off.

A case under the DV act is filed directly in the court. The court then summons you and you have to reply and there will be an arguement. 

When DV case is filed, the POLICE DOES NOT MAKE AN FIR.

Do they do any enquiry before filing formal FIR ?

When the complainat files a complaint, the police has to see, whether the contents of the complaint points towards a cognizable offence. If it points, they make an FIR. It the offence as per IPC section is non-bailable, they arrest you and then your lawyer applies for bail. When bail granted, you are out. If it does not point, they make a report and send it to court. No FIR is made out.

If complaint is found bogus and no FIR is lodged then can she claim maintenance and right to residence under DV Act or not ?

FIR and a case under the DV act are two different things. As you have asked, if the contents do not point towards a cognizable offence, then there will be no FIR.

For claiming maintenance and residence, she has to make a separate complaint under the DV act in the court. You will then be summoned and will have to reply negating all the allegations with documentary proof as far as possible. 

The Application under the DV act will be made under section 12 of the Act (which is the main case). There will be another application u.s 23 of the Act. This is for Interim Maintenance. This will be argued in the court first and then the court will go to the main case.

The interim maintenance ordered is applealable under section 29 of the Act in the lower appeleate court, that is the court of sessions.

But generally the police take bribe from the complainant wife and file an FIR, with all false allegations of dowry and harassment. They generally make a complaint u.s 498A, 406, DP act etc etc..and a cognizable offence is made out. This way the wife is able to harass the husaband.

Reasons of not entertaining FIR under DV Act  and any data available

An application under the DV act and a complaint to the Police and subsequently making of an FIR are two SEPARATE issues.

Noting relates DV act and a Cognizable offence leading to a FIR.

VIKRAM

Isupported the versioin of oVikram.

Dear Experts,

Thanks for your advice.

Please suggest the escape route if husband is innocent , there is no actual incidence of DV infact wife has beaten the husband  and he has the proofs in the form of mails to her, photos etc.

Before filing DV report they do need to cross verify from the neighbours etc,. about the incidence or not.

Wife has deserted Husband and wife is staying separately with her parents can still DV Act can harm husband and he needs to pay maintenance.

Please advise.

Tx and regards

There is no way but to contest your case with full effort..do not get scared..