Police would issue notice to accused under section 41 A of cr pc to record their statements
2) police would complete investigations and file charge sheet or closure report
3) she is at liberty to relocate to another city
For domestic violence and divorce. Husband and his family members assaulted, physically abused wife from many years and now 6+ people, all of them together has beaten this wife. She filed FIR. 1. She doesn't know what the next steps are. 2. She doesn't know whether the court or police who will take the next step or she has to take the next steps like go to the court that is mentioned in the FIR or any place any court and ask them to start the case. 3. She is scared to stay in the same city and fight. So, can she go to some other place and start/continue the case? please guide what are the steps to follow.
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Police would issue notice to accused under section 41 A of cr pc to record their statements
2) police would complete investigations and file charge sheet or closure report
3) she is at liberty to relocate to another city
Once she has given a complaint to the police, it becomes the duty of the police to prosecute the case based on the complaint and the supporting documentary evidences.
She has to be present before court only to depose her side evidence when the court summons her.
I am forwarding the law against harassment of wife by husband and his family. You will know all the law that is in your favor. Make use of whatever is required for you.
You have many options. Law is in favor of women. They are doing this because you are tolerating it once you enforce your rights they will realize their mistakes and mend their ways. Following remedies are available to you…
It is not easy for him to get divorce, unless you agree. If he files divorce he has to pay of alimony running into hefty sum.
It is strongly advised that you should…
1. secure your ornaments by obtaining order, not to operate bank locker and bank accounts under Domestic Violence Act, 2005.
2. Restrain him from house transferring as the same belongs to you son/daughter.
After filing of FIR, a police officer will register an FIR OR Domestic Incident Report (DIR) or might direct the victim to a protection officer in charge in the area. A protection officer will help the victim to file a DIR and File a case in court.
The victim can also file a domestic violence complaint on an online portal of the National Commission for Women (NCW). NCW is empowered to investigate complaints related to domestic violence, dowry harassment, etc. it mostly helps in monitoring and expediting investigations led by local police and provides options of counseling and mediation. NCW also constitutes an inquiry committee that makes inquiries, examines witnesses, collects evidence, and submits a report to NCW with recommendations with regard to complaints.
she can definitely move to another city or state and file an application for transfer of the case.
These people will go for FIR quashing and/or anticipatory bail. She should file a caveat in the Court.
She should get in touch with the Investigation Officer and get her statement etc. recorded. .
Once a complaint is lodged and an FIR is registered, the police will investigate the case and file a charge sheet at the jurisdictional court. The complainant need not do anything further, other than assist the police in the investigation. Law will take its own course. The complainant may move out of the place, but her presence may be required frequently for the further progress of the case.
1. If there is already FIR filed, then the I.O of the case is bound to collect the investigation report for filing charge sheet of the case before the court for starting the trial against the culprits , and she will summoned by the court for recording her statement before the Magistrate.
2. She will be called by the Court after sending her a notice
3. Yes,