web analytics

Menu

Skip to content
Shades of Knife
  • Home
  • True Colors of a Vile Wife
  • Need Inspiration?
  • Blog Updates
  • SOK Gallery
  • Vile News Reporter
  • About Me
  • Contact Me

Shades of Knife

True Colors of a Vile Wife

Lifecycle Stages of a Domestic Violence Case under PWDV Act

Posted on December 28, 2018 by ShadesOfKnife

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.

Note: Take a thorough look at the below infographic to understand the various remedies available for an aggrieved person under this law.

Copyright (c) Holders:
Content: Suprajaa Rajan
Infographic: Padma Priya Jupally #IAmEnough


Other Life Cycles: 498A IPC Case Lifecycle || Maintenance Case u/s 125 CrPC Lifecycle. Index of all life cycles is here. Looking for Domestic Violence case-laws? go here!


Before Entering Into Court

  1. First step is that the aggrieved person/AP [read sec 2(a)] or a Protection Officer or any other person on behalf of the aggrieved person [AP] 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 are civil reliefs that can be claimed by AP and there is no penal punishment given under this Act. Only one exception to this is, when a person disobeys or violates a protection or interim protection order issued by the Magistrate. [read sec 31]
  • 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/other service providers.
    • 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 [AP] 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 not worry about what is captured in the DIR Forms 1-5; they are not equivalent to FIR in case of a criminal matter.
    • 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.
  • PO to ensure the AP files the mandatory affidavit prescribed in the Apex Court judgment of Rajnesh Vs Neha, which mandates that the deponent of the affidavit disclosed their income, assets and liabilities.

After Entering Into Court (APPEARANCE AND FOR COUNTER stages)

  1.  Now Court issues a notices 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.
  • It is perfectly OKAY, if there are no DIR reports on the record of the case. It is the mandatory duty of the Protection Officer u/s 9(1)(b) and the duty of the Service Provider u/s 10(2)(a), as applicable, to record/make the DIRs. If they have not done their duty, dispute this fact in your Written Statement. The consequence is that the Presiding Officer (Magistrate) will pass an order to PO/Service Provider to make such DIRs, since it is the Magistrate duty under the proviso to Sec 12(1). But the Case will NOT become invalid and the case will be perfectly maintainable. There is no provision of filing Discharge petition u/s 239 CrPC in a DVC, so don’t waste time and money in this.

Focus Areas

  • At this point in time, focus should be
    • to prepare a Counter/written statement document based on whether the [AP] 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.
    • to ensure respondent (first the AP and then the respondent, in that sequence) file the mandatory affidavit prescribed in the Apex Court judgment of Rajnesh Vs Neha, which mandates that the deponent of the affidavit disclosed their income, assets and liabilities, within 4 weeks of the Income affidavit filed by the AP.
    • to seek mediation facility, if the respondent so desires to settle the matter with the AP.

EXAMINATION Stage

After Written Statement is filed generally, the next stage is the EXAMINATION. Naturally, it would begin examination of the complainant. The Court frames the issues at this Stage of the case. (read O14 R1 of CPC)

Additionally, if the AP filed an application u/s 23 of the PWDV Act seeking interim/ex-parte reliefs, then that application will be picked up by the Court. Scroll down to the relevant section (INTERIM Orders Stage) on this page.

Key Highlights

  • The respondents can file a petition u/s 205 CrPC (with grounds such as age factor, distance to travel, medical/health issues, unavailable in India etc), through your advocate, and seek exemption from personal appearance in the Court.
  • This Stage has two parts involving the AP as well as the respondent.
    • AP has to file an affidavit stating the facts and such affidavit is brought on record of the case/Court after administering Oath to the AP. This is called as Affidavit-in-Chief or Chief-Examination-Affidavit. By doing so, the AP submits herself to the Court as Prosecution Witness-1 (PW-1). Prosecution has to give a list of Prosecution witnesses to the Court and a copy to be given to the Respondent (advocate).
    • After AP file Chief Examination Affidavit (which is more or less replica of the same facts mentioned in the Sec 12 Application) and Respondent gets an opportunity to Cross-Examine the AP (who is now arrayed as PW-1). Read various other techniques respondents can use here.
    • If need arises, the respondent can re-examine the witness, as provided by Evidence Act 1872.
    • Once cross-examination of the PW-1 finishes, Chief examination of next prosecution witness begins, if any available from Prosecution side.
    • Once chief and cross of all prosecution witnesses finishes, the Court gives permission for Respondent side, to submit themselves for Examination.
    • Similar to what happened to Prosecution witnesses, if Respondents want to submit themselves for Prosecution’s examination, they have to give a list of Respondent witnesses to the Court and a copy to be given to the Prosecution (advocate).
    • Then the Chief Examination of DW-1 (Defence Witness/Respondent Witness-1) is finished (or affidavit is filed), followed by the Cross-examination of DW-1. This continues for all DWs.
  • During this Stage, the parties can adduce evidence in support of their stand and get them marked as Exhibits on the record of the Court.

 

ARGUMENTS Stage

After completion of examination of Prosecution and Respondent Witnesses and bring on record all the Evidence from both the parties, the Court opens for Arguments Stage.

Key Highlights

  • The Prosecution team submits their oral arguments in support of their Sec 12 application, relying on the averments in the Chief-Examination Affidavit and prays to the Court to allow their application.
  • The Respondent team submits their oral arguments against the Sec 12 application, relying on the Cross Examination of the Prosecution witnesses and prays to the Court to dismiss the application.
  • Both parties have opportunity to submit Written Arguments after concluding Oral arguments. This is a best practice but rarely followed in Courts.
  • Once both parties conclude their Oral (and/or Written) Arguments, the Court reserves it’s judgment. The case is now ‘Reserved for Judgment‘.
  • Once the judgment is reserved, no more activity is possible from either parties.

 

JUDGMENT Stage

The Court takes time to draft the judgment with reasons for the decision taken and pronounces the same in the Open Court, in the presence of both the parties. The court passes appropriate order/judgement. The court may decide the matter in three manners.

  • Grant all relief sought by complainant
  • Grant some of the reliefs and deny rest of the reliefs
  • Dismiss the complaint entirely without any relief.

Next steps

  • The Prosecution and the Respondent teams have a remedy of Appeal u/s 29 of the Act at Sessions Court, challenging the decision of the Trial Court, within 30 days.

INTERIM Orders Stage

The AP may file an application u/s 23, seeking Interim orders on the available reliefs under this Act. Such interim applications are to be disposed of in summary manner meaning, no evidence is to be taken on record and only the application/written statement/counter and relevant affidavits are the only things that need to be considered. Both parties will be given an opportunity to submit their arguments/hearing, after which the Court will pass an Order.

If such interim orders were obtained by AP by committing the offence of perjury upon the Court, do not hesitate to file an application u/s 340 CrPC in the same Court, right after such judicial order is passed.

 


Ready Reference:


Key Contributor:

Ms. Suprajaa Rajan (B.Com., LL.B.)
Cell:

Shades of Knife


Disclaimer:

Curated, Reproduced from main.sci.gov.in, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in or any other Government websites such as Gazettes and repositories of Government Orders and Commented in accordance with Section 52(1)(q) of the Copyright Act 1957 (India) and any other applicable public disclosure laws/provisions in India and in various other countries.

I neither have control to remove copies of this document(s) that may be available on websites of High Courts or Supreme Court of India or any of the many other sites, law journal or reporters which carry the same judgment in entire form, nor I can remove references/links to this document(s) from the results of Search Engines such as Google.com.

Read more gyan here.

Though, I can remove content from my site, on request for any parties to a case, even though, I am not legally obligated to do so, except for express bar from a Competent Court.

Om Shanthi !!!


Oh, by the way, my competent Legal team delivers time-bound legal reliefs to victims of false family and matrimonial cases at

AnaghaLegalReliefs.in !!! (work-in-progress)

We are on social media too.
Just google for: Anagha Legal Reliefs

Posted in Legal Procedure | Tagged Catena of Landmark Judgments Referred/Cited to Protection of Women from Domestic Violence Act 2005 Work-In-Progress Article | Leave a comment

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <s> <strike> <strong>

Search within entire Content of “Shades of Knife”

My Legal Twitter Timeline

Tweets by @SandeepPamarati

My MRA Twitter Timeline

Tweets by @Shadesofknife

Recent Posts

  • Pravasi Legal Cell Vs Union of India and Ors on 20 Mar 2023 March 28, 2023
  • Bijumon and Ors Vs The New India Assurance Co on 28 Feb 2023 March 9, 2023
  • Jai Prakash Tiwari Vs State of Madhya Pradesh on 04 Aug 2022 March 8, 2023
  • Ayush Mahendra Vs State of Telangana on 05 Jan 2021 March 8, 2023
  • Premchand Vs State of Maharashtra on 03 Mar 2023 March 8, 2023

Most Read Posts

  • Ratandeep Singh Ahuja Vs Harpreet Kaur on 11 Oct 2022 (1,181 views)
  • Sandeep Pamarati Vs State of AP and Anr on 29 Sep 2022 (Disposal of DVC in 60 days) (1,158 views)
  • Abbas Hatimbhai Kagalwala Vs The State of Maharashtra and Anr on 23 Aug 2022 (1,086 views)
  • XYZ Vs State of Madhya Pradesh and Ors on 05 Aug 2022 (1,034 views)
  • Mukesh Singh versus State of Uttar Pradesh on 30 Sep 2022 (817 views)
  • Joginder Singh Vs Rajwinder Kaur on 29 Oct 2022 (808 views)
  • Ram Kumar Vs State of UP and Ors on 28 Sep 2022 (550 views)
  • Vangala Kasturi Rangacharyulu Vs Central Bureau of Investigation on 27 Sep 2021 (442 views)
  • Udho Thakur Vs State of Jharkhand on 29 Sep 2022 (436 views)
  • Altaf Ahmad Zargar and Anr Vs Sana Alias Ruksana and Anr on 02 Sep 2022 (428 views)

Tags

Legal Procedure Explained - Interpretation of Statutes (333)Reportable Judgement or Order (329)Landmark Case (319)2-Judge (Division) Bench Decision (268)Work-In-Progress Article (218)Catena of Landmark Judgments Referred/Cited to (217)1-Judge Bench Decision (151)Sandeep Pamarati (88)3-Judge (Full) Bench Decision (83)Article 21 - Protection of life and personal liberty (75)Issued or Recommended Guidelines or Directions or Protocols to be followed (54)Perjury Under 340 CrPC (53)Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations (51)Reprimands or Setbacks to YCP Govt of Andhra Pradesh (49)Summary Post (46)CrPC 482 - Quash (38)Not Authentic copy hence to be replaced (35)Advocate Antics (34)Rules of the Act/Ordinance/Notification/Circular (33)IPC 498a - Not Made Out (32)

Categories

Supreme Court of India Judgment or Order or Notification (640)Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments (299)High Court of Andhra Pradesh Judgment or Order or Notification (160)High Court of Delhi Judgment or Order or Notification (108)High Court of Bombay Judgment or Order or Notification (91)High Court of Karnataka Judgment or Order or Notification (66)General Study Material (54)High Court of Madras Judgment or Order or Notification (53)Assorted Court Judgments or Orders or Notifications (48)Prakasam DV Cases (46)LLB Study Material (45)High Court of Punjab & Haryana Judgment or Order or Notification (45)Judicial Activism (for Public Benefit) (41)High Court of Allahabad Judgment or Order or Notification (40)District or Sessions or Magistrate Court Judgment or Order or Notification (38)High Court of Kerala Judgment or Order or Notification (31)High Court of Gujarat Judgment or Order or Notification (26)High Court of Madhya Pradesh Judgment or Order or Notification (25)High Court of Calcutta Judgment or Order or Notification (18)High Court of Patna Judgment or Order or Notification (17)

Recent Comments

  • ShadesOfKnife on Sanjay Bhardwaj and Ors Vs The State and Anr on 27 August 2010
  • G Reddeppa on Sanjay Bhardwaj and Ors Vs The State and Anr on 27 August 2010
  • ShadesOfKnife on Beena MS Vs Shino G Babu on 04 Feb 2022
  • Vincent on Beena MS Vs Shino G Babu on 04 Feb 2022
  • ShadesOfKnife on Syed Nazim Husain Vs Additional Principal Judge Family Court & Anr on 9 January, 2003

Archives of SoK

  • March 2023 (10)
  • February 2023 (9)
  • January 2023 (12)
  • December 2022 (12)
  • November 2022 (8)
  • October 2022 (13)
  • September 2022 (17)
  • August 2022 (10)
  • July 2022 (21)
  • June 2022 (27)
  • May 2022 (23)
  • April 2022 (32)
  • March 2022 (17)
  • February 2022 (6)
  • January 2022 (2)
  • December 2021 (7)
  • November 2021 (7)
  • October 2021 (6)
  • September 2021 (10)
  • August 2021 (31)
  • July 2021 (45)
  • June 2021 (17)
  • May 2021 (17)
  • April 2021 (18)
  • March 2021 (58)
  • February 2021 (14)
  • January 2021 (50)
  • December 2020 (35)
  • November 2020 (68)
  • October 2020 (67)
  • September 2020 (29)
  • August 2020 (41)
  • July 2020 (20)
  • June 2020 (36)
  • May 2020 (40)
  • April 2020 (38)
  • March 2020 (26)
  • February 2020 (43)
  • January 2020 (35)
  • December 2019 (35)
  • November 2019 (4)
  • October 2019 (18)
  • September 2019 (58)
  • August 2019 (33)
  • July 2019 (12)
  • June 2019 (19)
  • May 2019 (5)
  • April 2019 (19)
  • March 2019 (58)
  • February 2019 (11)
  • January 2019 (90)
  • December 2018 (97)
  • November 2018 (43)
  • October 2018 (31)
  • September 2018 (73)
  • August 2018 (47)
  • July 2018 (143)
  • June 2018 (92)
  • May 2018 (102)
  • April 2018 (59)
  • March 2018 (8)

Blogroll

  • Daaman Promoting Harmony 0
  • Fight against Legal Terrorism Fight against Legal Terrorism along with MyNation Foundation 0
  • Good Morning Good Morning News 0
  • Insaaf India Insaaf Awareness Movement 0
  • MyNation Hope Foundation Wiki 0
  • MyNation.net Equality, Justice and Harmony 0
  • Sarvepalli Legal 0
  • Save Indian Family Save Indian Family Movement 0
  • SIF Chandigarh SIF Chandigarh 0
  • The Male Factor The Male Factor 0
  • Vaastav Foundation The Social Reality 0
  • Voice4india Indian Laws, Non-profits, Environment 0
  • Writing Law Writing Law by Ankur 0

RSS Cloudflare Status

  • IAH (Houston) on 2023-04-06 April 6, 2023
    THIS IS A SCHEDULED EVENT Apr 6, 07:00 - 13:00 UTCMar 28, 12:41 UTCScheduled - We will be performing scheduled maintenance in IAH (Houston) datacenter on 2023-04-06 between 07:00 and 13:00 UTC. Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window for […]
  • AMS (Amsterdam) on 2023-04-06 April 6, 2023
    THIS IS A SCHEDULED EVENT Apr 6, 00:30 - 05:00 UTCMar 29, 11:40 UTCScheduled - We will be performing scheduled maintenance in AMS (Amsterdam) datacenter on 2023-04-06 between 00:30 and 05:00 UTC. Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window for […]
  • HEL (Helsinki) on 2023-04-06 April 6, 2023
    THIS IS A SCHEDULED EVENT Apr 6, 00:00 - 06:00 UTCMar 28, 12:41 UTCScheduled - We will be performing scheduled maintenance in HEL (Helsinki) datacenter on 2023-04-06 between 00:00 and 06:00 UTC. Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window for […]

RSS List of Spam Server IPs from Project Honeypot

  • 157.245.201.168 | S March 28, 2023
    Event: Bad Event | Total: 609 | First: 2023-03-20 | Last: 2023-03-28
  • 103.20.8.101 | SD March 28, 2023
    Event: Bad Event | Total: 4,159 | First: 2017-01-11 | Last: 2023-03-28
  • 212.192.0.203 | SD March 28, 2023
    Event: Bad Event | Total: 139 | First: 2023-03-12 | Last: 2023-03-28
Proudly powered by WordPress
Theme: Flint by Star Verte LLC

Bad Behavior has blocked 1153 access attempts in the last 7 days.

pixel