Listed below are a reasonably laid out sequence of events in a Domestic Violence Case filed under PWDV Act, 2005. The rules related to the Act are here.
Before Entering Into Court
- First step is that the aggrieved person [read sec 2(a)] or a Protection Officer or any other person on behalf of the aggrieved person will file an application under sec 12(1) to the Magistrate seeking one or more reliefs under this Act.
Key Highlights
- This Act is a civil act, meaning there is no penal punishment given under this act. Only one exception to it is, when a person disobeys or violates a protection or interim protection order issued by the Magistrate.
- Magistrate will take up the application and order the Protection Officer [read sec 2(n)] to conduct mediation at court-appointed mediation center to see the possibility of a compromise and also to fill 3 ready-made forms called as Domestic Incident Reports (DIR forms).
- Protection Officer, who is the District Welfare Officer, will issue a notice to all the people named and identified in the application.
- Purpose: Mentioned as above.
- What happens there: Lot of emotional drama, oral diarrhoea, convincing words followed by intermittent threats of 498A IPC case by the so-called Protection Officer.
- What to do: Keep your calmest best self and don’t overreact, nor let parents over-react. If you are capable and confident, ensure a audio/video recording of the session is made discreetly. If you have doubts, DO NOT DO IT. More valuable tips here.
- Apart from husband, other family members who are implicated in this case, may become liable to the reliefs mentioned in the Act, based on the Complainant proving their acts of domestic violence. Maintenance component, under Monetary Reliefs alone, is the whole and sole responsibility of husband.
- There are various reliefs aggrieved person may seek under the various sections. Do no worry about property getting taken over or similar issues. No ‘ownership transfer’ of any such property takes place. Only temporary residence may be ordered which one can oppose and offer similar alternative accommodation. Many idiots hope and try to extort money/property via Domestic Violence complaint. They remain idiotic fools.
Focus Areas
- At this point in time, focus should be
- to attend the proceedings with Protection Officer
- to enjoy (record, if possible) the melodrama at mediation center and let it fail (just say, no compromise with liars, when my family was falsely implicated in the case)
- to let the case move back to Court (there ends the matter with Protection Officer)
- PO will send the mediation report along with earlier duly-prepared DIR forms
After Entering Into Court (APPEARANCE AND FOR COUNTER stages)
- Now Court issues a summon to all the respondents ([read sec 2(a)]: proper term for accused people in a Domestic Violence Case) to attend court proceedings on a specific date. The stage is called APPEARANCE.
Key Highlights
- All respondents to attend court on the first appearance date and give attendance and collect the ‘accused copies’ of Domestic Violence Complaint, Affidavit under 297 CrPC, DIR forms and mediation report from the Court Bench Clerk. One set will be given per respondent.
- Till this point, no need of engaging an advocate. Court gives next date, the business of which will be FOR COUNTER. The written statement of our objects otherwise a counter, is to be prepared and submitted to the court on next date of appearance or earlier, with Bench Clerk.
- One may engage a lawyer to plead the case for you here on wards. If you know Law + Case Facts + Court Procedure, one may let court know, you would like to argue the case, on your own, as Party-in-person.
Focus Areas
- At this point in time, focus should be
- to prepare a Counter/written statement document based on whether the aggrieved person can prove the allegation laid out in the Domestic Violence Complaint.
- to deny clearly all those allegations that are absurd, untruths, improbable and baseless, and mention ‘the petitioner is put to strict proof of same’. As settled principle of law, whoever alleges something have the burden of proving the same.
- to state/submit those facts that can not be denied by Complainant. Rest all facts/evidences are to be secured and need not be shared with lawyer as well.
- to submit/file the written statement/Counter on the next date prescribed by court. Unless it benefits us in a tangible way, do not skip/seek dates.
EXAMINATION Stage
After Counter is filed, the next stage is the EXAMINATION. Naturally, it would be examination of the complainant.
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