Domestic violence
Domestic violence as defined under section 3 of the DV Act, 2005 includes:
Any kind of harm or injury that is likely to endanger the life, health, limb and well being of the woman whether physical/mental.
Or any harassment with a view to coerce the woman or any person related to her to meet any unlawful demand of property or security like dowry.
Filling Procedure
The victim of domestic violence or any witness of the offence can file an FIR or complaint with the local police officer, or the protection officer, or service provider, or directly to the Court in accordance with DV Act.
The basic question that comes in the mind of everyone filing a case is that which court should he/her approach that’s means jurisdiction?
Any kind of domestic violence case is heard by the Magistrate or Judge of the court within whose local limit either the victim resides or the accused or where the offence has been committed.
The detailed procedure of the Domestic Violence Act is as mentioned below
- Filing the complaint u/s 12 of D.V. Act along with other sections as per the case.
- The court will take cognizance and issue summon to respondent and PO for appearance and Domestic Incident Report under D.V .Act.
- Reply Filed by the Respondent.
- Replication filed by Complainant if any
- Detail affidavit filed by both the parties if required by the court.
- Argument on the interim application if any filed by Complainant.
- The order passed by Court on Interim application.
- The appeal against Interim order by aggrieved party u/s 29 of D.V. Act within one month.
- Issues framed by Court/Evidence filed by Complainant by way of affidavit or any other witnesses.
- Cross-examination of the complainant and other witnesses.
- Argument.
- Judgment.
