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Procedure To File Complaint Under Domestic Violence Act Procedure To File Complaint Under Domestic Violence Act

Bronze medal Reporter Names Posted 16 Oct 2020
Procedure To File Complaint Under Domestic Violence Act

Domestic violence cases have risen rapidly. Many do not report as they are unaware of laws against domestic violence. Usually, women and children are victims of domestic violence.  When on apprehending that domestic violence is likely to be committed or if domestic violence has been committed then the complainant or an aggrieved person has to file a complaint.

  • All the details regarding the incident have to be given to respective Protection Officer as per Section 4 of the Domestic Violence Act. Detailed information can be given either in written form or orally and is prepared by the Protection Officer into the written form which is the complaint and has to be signed by the informant or the person who has given the information. The domestic violence complaint when received by a police officer or a Protection Officer or Magistrate (Judicial Magistrate of First Class or Metropolitan Magistrate ) or a service provider has to inform the person who is aggrieved about reliefs available like in monetary form, protection, legal aid, right to file a complaint under Section 498A IPC as per Section 5 of the Act. A magistrate is Judicial Magistrate of First Class or Metropolitan Magistrate in the area where the domestic violence incident had taken place or where either victim stays temporarily or where the respondent stays.  Service provider can be any voluntary association that is registered under Societies Registration Act , 1860, or a registered company under Companies Act , 1956, and its main objective is the protection of rights and interests of women like providing financial or medical help or any other sort of assistance. Protection Officer , mostly women, are appointed by the State Government.
  • In case, the person aggrieved is injured then the Protection Officer gets her medically examined. Service provider too gives medical aid when required as per Section 7 of the Act. Then the medical report is given to the respective court as well as the police station.
  • Wherein cases , protection is required by the aggrieved person, the Protection Officer applies for the same in the prescribed manner and the Protection Officer provides a copy of the complaint to the respective police station in the area where the incident had taken place as well as inform the service providers of that respective area.
  • Also , as per Section 6 of the Act, the aggrieved person would be provided with shelter when Protection Officer or service provider on the behalf of the aggrieved makes a request to the individual in charge of the shelter home.
  • Under Section 12 of the Act , an application for reliefs can be presented before the Magistrate by the aggrieved or anyone on their behalf.
  • The complaint is examined by the court and directions are given for preparing Domestic Violence Report and at times , Protection Officer prepares the report after enquiring from the complainant which is then given to the respective court.
  • The court would issue a notice to the respondents and the matter would be under consideration by the court.

In N. Prasad vs. Harithalakshmi, the Madras High Court noted :

“” ….in view of the provisions of Section 468 Code of Criminal Procedure, that the complaint could be filed only within a period of one year from the date of the incident seem to be preponderous in view of the provisions of sections 28 and 32 of the Act 2005 read with Rule 15(6) of The Protection of Women from Domestic Violence Rules, 2006 which make the provisions of Code of Criminal Procedure applicable and stand fortified by the judgments of this Court in Japani Sahoo v. Chandra Sekhar Mohan AIR 2007 SC 2762; and Noida Entrepreneurs Association v. Noida and Ors.(2011)6 SCC 508.””

In Shyamlal Devda And Others v. Parimala , the Supreme Court noted:

….makes it clear that the petition under the Domestic Violence Act can be filed in a court where the “person aggrieved” permanently or temporarily resides or carries on business or is employed. In the present case, the respondent is residing with her parents within the territorial limits of Metropolitan Magistrate Court, Bengaluru. In view of Section 27(1) (a) of the Act, the Metropolitan Magistrate court, Bengaluru has the jurisdiction to entertain the complaint and take cognizance of the offence.” For further details regarding this matter, please contact Lawyers in India.

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