Durga Shankar (Student) 12 June 2012

Dv case filed without an affidavit

Dear friends and Seniors,

What would be the status of a Domestic Violence case which has been filed without an Affidavit and also the application of which has not been made to the Magistrate as presribed in the meener in FORM II of the DV Rules.
The application is a simple letter/ application to the Magistrate sent by the Protection Officer to initiate proceedings against the accused. The DIR has been filled proprly in FORM I. but there is no other documment like FORM II or FORM III accompanied by it. Is the said case maintainable?
Is there any judgment in support?

Thanks in anticipation.

Reply Follow

2 Replies

lovel (Advocate) 12 June 2012

The case is maintainable. It is not necessary to file an application in Form No. 2, in case the case is forwarded to the magistrate by a Protection Officer/Service Provider. The DIR in Form No. 3 is necessary in such a case. If no affidavit is filed along with the application, the Court cannot pass any interim relief in that case.

Durga Shankar (Student) 12 June 2012

But Sir, Sec 12 (3) of the Act says:

Every application under sub- section (1) shall be in such form and contain such particulars as may be prescribed or as nearly as possible thereto.

Whereas Rule 6 of the PWDV Rules, 2006 says that "every application of the aggrieved person under Sec 12 shall be in Form II or as nearly as possible thereto."

Can an application be still considered without the Form II and an affidavit in any format?
Is a Quasi civil proceeding maintainable without any affidavit.