Legal Question in Family Law in India
Domestic violence act
Respected sir, I wanted to file DVA. When i filed first in court thro adv. Hon Judge asked me to first get report from Protection officers before iling. So I gave one petition, monetary relief needs and DVR statements. Intially Po said she will summon to all persons i mentioned which is 5 mem of my inlaws. She summoned Twice. No one appeared for counselling. Then when i appro-ached her she said She summoned only to three all in sudden. Now she is asking me to change this and that all the time whenever i submit documents. Actually she itself gave DVR form to be filled By me. Since that Govt form has no sufficient space to provide further details I just did it in system using word, Added extra incidents as table in their same format.In the form itself its mentioned that any other details plz specify below.So i added 1 page instead of writing too small below the margin as i have so much of incidents to be written for the past 4 yrs. I dont want to get in trouble by differen-tiating FIR and DVR by leaving incidents becoz of lack of space. The PO is not acceptingthe form inspite of my explanation ,that i have typed it to the format to more readable to everyone instead of scribbling below the margin. She has been bribed i think. help me
4 Answers from Attorneys
Re: Domestic violence act
You should also mention in the blank page that detail of incidents is attached alongwith your applicaiton. plz readout the same for proper action and then submit the same even if she refuse then take the detialed documents with you coz then she will be responsible for that document. but plz also photostate the same and made it attested from her.
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Re: Domestic violence act
You may including all your allegations of DV in your FIR u/s 498-A.
The remedy provided under DVA may be claimed directly in the court as ancilliary proceedings in other proceedings like maintenance etc.
You may consider filing any of the proceedings available to you e.g. petition u/s 125 Cr. P. C. for maintenance; or maintenance under H.A.M.A., or divorce proceedings under HMA; and may file a separate application under DVA in those proceedings for appropriate relief.
Re: Domestic violence act
do not worry, if you think that the PO is favoring your in-laws, that is a not a problem, the court is not bound by the report of PO. and you can also file objections on the report of PO
Re: Domestic violence act
consult a local sr lawyer who can help you
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