Legal Question in Criminal Law in India

Domestic Violence act

Can application be filed directly to the judge by applicant from abroad through courier and can interim order,summons be issued to other party without applicant being physically present.


Asked on 9/17/07, 2:14 am

5 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: Domestic Violence act

yes, the complaint can be filed even though the wife is abroad and she would constitute an attorney. an attorney could be any person who would represent her in the case. she needs to send a power of attorney in favour of any of her friend, relative or even lawyer and the person would represnet her. the attorney needs to be attested by the indian consulate or notary public.

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Answered on 9/17/07, 2:52 am
Alok Sharma Alok Sharma & Associates

Re: Domestic Violence act

The facts are not clear. However an authority has been provided under the Act to help such harrased woman. The said authority is "Protection Officer" You can write directly to her. Your complaint can also be forwarded by any of your relatives. But what is your problem, which will determine as to what should be done in your case.

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Answered on 9/18/07, 8:48 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Domestic Violence act

Yes.

the complaint can be definately filed provided a power of attorney is released from her to any relatives, friends etc and the person would represent her in the court on the basis of POA. the power of attorney needs an attestation from the notary

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Answered on 9/17/07, 7:02 am

Re: Domestic Violence act

query is vague and necessary information is missing.Domestic Violence Act does not apply to the parties living abroad.However, in every case / suit you may be represented through ATTORNEY etc.but the principal does not apply in criminal case wherein complainant have to appear in person in court unless his/her appearance is exempted by the court.

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Answered on 9/17/07, 2:09 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: Domestic Violence act

For setting in motion any criminal matter, examination of complainant by the court is essential.

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Answered on 9/21/07, 1:30 am


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