Legal Question in Criminal Law in India

Domestic Violence Act

My wife has filed a petition under Domestic Violence Act 2005. She used the section 27 of the Act to make the application. This section 27 talks about the jurisdiction details of the Act. As per the rules, the application should have been made under section 12. So, my lawyer says that this DV case can be quashed as she used wrond section to file the application. Please let me know if this is correct.

Also they are 2 forms that she need to submit Form-1 filled by the Protection Officer and Form-2 is the application to the magistrate. They have not submitted the Form-2. Can this also be a ground for quash. Please let me know.


Asked on 12/29/08, 11:29 pm

4 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: Domestic Violence Act

Procedural lapses generally do not entail quashing, unless same are mandatory.

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Answered on 12/30/08, 1:07 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Domestic Violence Act

Procedural lapses generally do not entail quashing, unless same are mandatory.

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Answered on 12/30/08, 1:31 am
Vishwa Arya Arya & Co.

Re: Domestic Violence Act

Mere fact one has used the wrong section does not make the complaint fatal on that ground alone. If the form envisaged u/s 12 or its ingredient have been incorporated that should be more than enough for the MM to proceed further. The complaint may be initiated on the form filled by PO and submitted to the court or the form filled and directly submitted to the court.

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Answered on 12/31/08, 5:25 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Domestic Violence Act

These technicalities may not entitle you to seek quashing of the complaint.

You may instead consider an amicable out of court settlement involving the entire dispute and meanwhile consider about making payment of a reasonable amount towards her maintenace if she does not have any sufficient income of her own.

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Answered on 12/30/08, 6:10 am


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