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FightForCause (Businessman)     17 April 2016

DV- protection officer summons

Hi Experts,

My cousin has got a letter from the Protection officer (  Under domestic Violence ) from the hometown of his wife to appear in front of him as his wife has filed a complaint against him of ill-treatment.

The place is 800km from his place and his wife has left him for stupid reasons like his place of work is small town and there is nothing there to get entertainment or good job opportunities for her.

1. Is it necessary to visit the Protection officer or can it be ignored as anyhow i hav eheard they will make a case out of it.

2. My brother do not wants to live with this lady now as she is spreading rumours @ his alleged affair etc to cover her deeds.

3. She earlier mentioned that she is ready to live with him in a metro and if he allows her to work at her will and do not bring his mother in their matrimonial house. My brother had refused to this demand.

4. He has not taken the letter from the postman, instead for time being postman has taken back the letter stating that the adressee was not available at that place. But they will send again to his work place soon.

5. Before going can we ask the protection officer to provide the copy of complaint which his wife has registered with him, so that he knows what allegations he is dealing with?

 

Kindly reply, The matter is of Uttar Pradesh.

 



 6 Replies

rajendra (na)     17 April 2016

It is good is you can appear..They will try to do mediation and sort the matter...

If nothing has happened(mediation) they will refer the case to court...Court will send the summons to respondents...Then the process starts(like filing the counter,cross of petitioner,arguement,judement)....

Protection officer has no right to force the parties...They will ive a counelling report and DIR to court...

Good Luck

FightForCause (Businessman)     17 April 2016

Thanks Rajendra.

My cousin do nort want to appear in that city.

This city is hometown of his wife's parents but wife currently stays in another city and also this was never a matrimonial city. So PO of that city has no jurisdiction altogether.

Marriage at city X  , Currently wife stays at City X and working there before marriage and now same place after marriage also.

Matrimonial house city Y.

Summons from City Z where husband-wife never resided, its house of her parents.

BHRIGU DATTA 9475352677 (PRIVATE PRACTICE)     17 April 2016

if case has not been filed in proper court having jurisdiction you should file petition challenging the maintainability ground.

ANAMIKA VICHARE (LAWYER)     18 April 2016

You better attend the court make an appln for suppl of copy of DV apln and then file say of all the Respondents, Engage a good lawyer pay his fes honetly and ask him to conduct the matter on your behalf.  You neednot attend unlss trail begins.  You also file idivorce petition but do not takethis asdtnd taht you refyused hert to do job and refuused = her mother stay with you..and file DIvorce Petition..  Do not take unnecessary steps ofvisiting Protection officer itis ofno use at all

 

ANAMIKA VICHARE (LAWYER)     18 April 2016

You better attend the court make an appln for suppl of copy of DV apln and then file say of all the Respondents, Engage a good lawyer pay his fes honetly and ask him to conduct the matter on your behalf.  You neednot attend unlss trail begins.  You also file idivorce petition but do not takethis asdtnd taht you refyused hert to do job and refuused = her mother stay with you..and file DIvorce Petition..  Do not take unnecessary steps ofvisiting Protection officer itis ofno use at all

 


(Guest)
Do not visit protection officer. Send letter that you cannot come. Say if protection officer comes to your town you are happy to meet. Leave it there and wait for official summon from court.

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