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498A fighter (Sales & Marketing professional)     10 February 2014

Dvc counselling recordings

In my DVC case before registering the case and sending it to court , 3-4 counselling sessions was held in front of the protection officer and other counselors.

The proceedings  of counselling  after completion of every session were recorded  in a register and me and my wife signed on it. Later the counselling failed and sent to court after 2-3 months.

But none of the statements we signed were sent to court and also attached a DIR with false information. what is the way I get those details to prove my innocence in court?




 6 Replies

rajendra (na)     10 February 2014

Dude I am in same situation.........

they know we are innocent but opposite used govt officer to keep pressure on them to move this to court....

I am planing to follow the below trick

I have spy cam want to have discussion on this and i will record this file it in HRC...

I have req for counselling copy from RTI..after 30days also they have not submitted so i will file this with collector...if collector not responding then file it with RTI commisioner........

Good Luck

498A fighter (Sales & Marketing professional)     10 February 2014

Dear Rajender,

I think we can use call for records CRPC 91 (instead of RTI) but most of the Magistrates are not in favour of this and they are delighted to give maintenance to wife's and not disposing the case on merits.

Even if the court ask for such details there may chances they bluntly deny saying 'we dont maintain such details or counseling session details not necessary to disclose etc.

I am ambiguous regarding that.

T. Kalaiselvan, Advocate (Advocate)     10 February 2014

How did you come to know that the protection officer has given  adverse remarks about you while forwarding the case to the court?  What is the false statement you think the protection officer made in her report?,  The statements recorded in the mediating session need not be sent to the court. The Court has not began the trial at all, how did you come to know about this so early even before you have received a summon from court  for appearance in the case?, wait and watch the situation, if need  be and if you are confident enough that the protection officer has played fraud upon you, you may summon the officer to the court with the records to prove your case during trial.  Dont panic so soon with plenty of  imaginations.

rajendra (na)     10 February 2014

Hello Sir,

this what happened in my case........

In female impotent case i have requested for medical test in govt hospital along with medical record...

later the spouse absent for medical test didn't came for next time also...later we got information from my lawyer(he knows the protection officer and he talked to her) no need to come to protection officer office since this case is going to close.......

now after 3 months we got summons from court to attend the dvc case and when we enquired in protection officer office we got message who told u that we are going to close this case and we are trasfering this case to court..........

She didnot even informed us the state of the case..

she didn't pressured opposite party to go for medical test and prove it..

The local govt officer talked to the protection officer and pressured her to move this case to court...i came to know this by the office members.........

Now tell me is it possible to file a case on protection officer?

your suggestion would be helpful...


498A fighter (Sales & Marketing professional)     10 February 2014

Dear kaiash Sir,

In my case they filed Domestic Incident report (DIR) by selecting all most all allegations in it. 

DIR is in support with there petition, but the mediation session statements does not say anything about these allegations and from the mediation statements it is clear that the fault is from her.

Can they send the statements recorded in mediation through RTI or through court ( using CRPC 91).

 

T. Kalaiselvan, Advocate (Advocate)     10 February 2014

There is nothing wrong in  you obtaining the information about the statements recorded in the counseling session before the protection officer through RTI in advance, however, there is a provision to summon the said records to court under the provisions of section 91 Cr.P.C.

Please, while addressing me by my name, see to it that you are spelling it out correctly as it is seen on the screen.


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