Anonymous
Asked October 12, 2016

498A Case

  • 1 Answer
  • 763 Views

My wife filed 498 a FIR on 2nd March'16 and on 9th March'16,we got Interim AB from high court and I didnt settle in Mediation.On 21st June,we got AB with conditions and same relaxed on 17th August.Whereas in local trial court,case been registered on 24th March'16 on case type: DVC act(sec.12),on 17th May, local court sent Fresh notice to respondent(i.e us) this details I have taken from e-courts services website.And every month case comes for hearing,but the petitioner my wife is absent in all hearings.Also Fresh notice has not reached us from the court till date.Meanwhile on June month end,chargesheet been prepared as per Police FIR status details from their website.My doubt is police even without filing chargesheet,can the court sent notice to respondent on 17th May?How do I get to know when the chargesheet been submitted to court?If chargesheet not submitted,then why court sending notice to Petitioners and respondents?

 

Answer 1

Sir,

All your queries can be answered by a proper reading of S. 12 of the Protection of Women from Domestic Violence Act, 2005 itself. Under sub-section (1), a complaint can be registered in the Court of the Magistrate. He can take cognizance of the matter. Thus, your case was there in the docket on 24th March, 2016 in the trial court. Therefore, this is a separate case which have filed in the trial court and probably the police have not filed this case. Thus, the Court can send you notice without the police having filed the charge-sheet as per the provisions of the Act.

You will get a summon from the Court when the police submit their charge-sheet to the Court.  As, there is a provision in the Act which allows for the Magistrate to deal with the case, you can receive notices despite police not filing the charge-sheet as the section is silent on the requirement of a charge-sheet before sending out notices. Moreover, sub-sections (4) and (5) provide for the Magistrate to set a first hearing date within three days from receiving the complaint and disposing the matter within sixty days from the first hearing respectively.

Hope this helps.

Agree Comment 1 Agree almost 4 years ago

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