• Filing a complaint under DV act if father has illicit relationship

I am a 22 year old girl. My father has illicit relationship and when i tell him to refrain from such acts he verbally abuses me, threatens to kill me and raise questions over my chastity. Initially i had filed a complaint with the women cell under sections 502, 503, 507 but now i wish to file a new complaint under DV act. do I need to annul or take back my first complaint and with whom should i file my complaint under DV ACT. I am not satisfied with the proceedings in the women cell. My mother had also filed a complaint under DV act. Am i liable to file a new complaint under the same act as an individual?
Asked 2 years ago in Family Law from Faridabad, Haryana
Religion: Hindu
1. No you need not take back or withdraw the earlier complaint. Both the cases can proceed simultaneously.

2. If the CAW Cell is not acting on your complaint then you have to move an application in the court of Magistrate so the court may direct the local Police Station to register FIR on the basis of your complaint and make proceed with necessary investigation.

3. The DV case filed by your mother needs to be perused. If allegations are of self same nature and in it abuses on you was also mentioned then you need not file separate DV case.

4. Otherwise do file a DV case and pray for his ouster from the shared household along with other necessary releifs.
Devajyoti Barman
Advocate, Kolkata
5196 Answers
54 Consultations
4.9 on 5.0
1) complaint under DV Act has to be filed with metropolitan magistrate . 
2) complaints filed by you with women cell are separate complaints and have no relation with Dv complaint to be filed . 

3) you can file separate complaint under DV act .
Ajay Sethi
Advocate, Mumbai
23217 Answers
1219 Consultations
5.0 on 5.0
1. You need not withdraw your complaint filed before the CAW cell for filing your complaint under DV Act,

2. You can file a petition u/s156(3) of Cr.P.C. before the Magistrate praying for direction upon the police to register a FIR based on your complaint and investigate and act based on that,

3. If your mother has covered your matter also in her DV complant then you need not file a fresh one for you,

4. DV complaint case has to be filed before the Magistrate.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
1. You are under no obligation to withdraw your earlier complaint as both the complaint can run simultaneously. There is no nexus between your earlier complaint and the DV complaint which you wish to file. You can go ahead and file the DV complaint in the court of Chief Metropolitan Magistrate.

2. Why are you unsatisfied with the complaint that you filed to the women cell? Has CAW cell failed to take any action against your father? If yes, you may move to the High Court for ordering the prosecution of your father for the offence committed by him.

3. Did your mother also file the complaint under the same sections against your father? What was the outcome of her complaint?

4. Threatening to kill an individual is a very serious crime which the courts do not take lightly. If police has not acted against your father in respect of this allegation then you may exercise the right to move the High Court for action against your father.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
This is repeat question .I have already replied as under ;-
'you can file case under DV Act against him for threatening to kill,etc.seek protection, prohibition, maintenance,even separate residence. You and your brother may file complaint against him in police.  You and your brother can also file application under section 125 Crpc but under this you and your brother will get maintenance order.You have not mentioned about your mother.'

Complaint in CAW cell and  under DV Act are two different proceedings.Dv complaint can be filed in the court of MM
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
file a complaint under DV in court of Judicial Magistrate,and you can also file private complaint under200crpc in the court of Judicial Magistrate
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
Dear Querist
yes you can file a domestic violence complaint against him before magistrate court and claim all the relief as per the act.
Feel free to call
Nadeem Qureshi
Advocate, New Delhi
3533 Answers
130 Consultations
4.9 on 5.0
Do agree with Mr. Barman
Mahesh Vyas
Advocate, Bikaner
21 Answers
0 Consultations
Not rated
you can file DV act complain along with your earlier case . you can also file 156(3) for lodging FIR in case you are not satisfied with CAW proceedings
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
3.9 on 5.0
HI,
                No need to withdraw your complaint in the CAW cell and if police is not co-operating to lodge an FIR approach the magistrate court under 156 (3) CRPC, with a complaint.You  can pray for removing him from the household under DV Act.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0

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