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queryking (MD)     26 March 2010

section of 12 of DV Act

 I heard that there is judgment of High court of karnataka ( Criminal petition 2004/2008 Nanadakumar Vs state of Karnataka) which says wife cannot file petition directly to the magistrate it should be through the protection officer, how far it is correct? is there any apex court judgment on this point?


 3 Replies

Tarun Kalra LL.M, M.B.A (advocate)     03 April 2010

section 12 says that wife can file a complaint to a magistrate alongwith domestic incident report prep. by the protection officer, so it is clear that the file can only be filed through p.o.

Gundlapallis (Advocate)     03 April 2010

As per the act the wife can file a complaint directly in the Magistrate's court, no bar.  But the DV Act rules differ from state to state on certain points - in your case, check the rules position pertaining to, your state.

Devajyoti Barman (Advocate)     03 April 2010

No, there is no Supreme Court decision in this regard.

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