Legal Question in Family Law in India
Hi, I and my husband both are hindus and got married as per HMA. I would like to file domestic violence case against my husband who harassemed me. I would like to file the DV complaint as a private complaint through lawyer. I have a question here.
If I file complaint through the lawyer, magistrate will forward it to protection officer or concerned police station? who will enquire among protection officer or police?
pls let me know.thanks in advance.
3 Answers from Attorneys
if you file a case under the act, the magistrate has discretion either refer it to protection officer or try it as if it is an application under 125 Cr.P.C. If you are able to produce evidence he himself will try that without calling for a report. any clarification mail to [email protected]
It is better to draft the complaint through a lawyer and file with the Police. Later follow ups can be done for quicker action on the complaint.
Since you are engaging a lawyer for pursuing your remedy, you may better follow his advice.