selfstudyinglawstudent (law student) 16 May 2011

DOMESTIC VOILENCE

my cousin's husband slapped her and pinched her and tortured her to do various positions during intercourse.

fed up she returned home 3 years ago, 2 months after her marriage.

now she wants to file a case for domestic voilence.
Where should she file it?

when she won a maintenence case against him, but he filed a counter case in the high court that the amount was too much for him to pay.

She currently lives in mumbai.

What are the procedures etc.

could some esteemed member help out in this regard.

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2 Replies

Tajobsindia (Senior Partner ) 16 May 2011

@ Author

1. A DV Act case is filed before a Magistrate Court as direct complaint in the absence of DIR. However if a DIR is made then it is the duty of PO to submit the same before Jurisdiction Magistrate court. In many district courts they are also called as Mahila courts which is precided by a Magistrate.

2. Family Courts constituted under FCA, 1984 have no power to entertain a DV Act case.

bharati singh (kgp/west bengal) 17 May 2011

I filed my complain under DM Midnapur which was transfered to Protection Officer,It was prayer for a widow of shelter and mendatory relive.{Protection Officer send the file to 6th JM court ,Paschim Mednipur.The other side after taking three dated gave their appearance Nw for reply after taking three dates said to judge that they dont have any copy to reply just time passing,After issuing them copy again three dates passed and it was last date given for them,then their advocate took a dated in personal sickeness date due to that he did nt ready his reply,Each dates are taken miminum 15 dates duration,In this way six month passed,so what should i do for prompt relive and atleast get my intrim order-thanks