How to file a lawsuit if the family is beaten or scolded
A reading of the Domestic Violence Act
It is not possible in a civilized society to hear men or women beating each other at home, which is not accepted now. That is why this beautiful law exists in our country. This is a good lesson for single parents as well as for single parents. We are changing the make 21st century.
This is an analysis of the Prevention of Domestic Violence Act No. 34 of 2005 and its sharing of experiences. Domestic Violence Act provides for preventive offenses under the Preventive and Punitive Offenses of Criminal Law. I have a feeling that even when this bill was brought to Parliament, the views expressed by the opposition parties did not understand the difference between this punishment and prevention.
The name of the bill itself has been named as a Prevention Act. If a person violates these restraining orders then the court punishes him or her, not as a punishment for violence but as an insult to the judiciary. People are by nature violent and hence violence still exists in our society. Not only men but also women commit this act of violence.
These bills cover women, men, elderly parents, young children and everyone in the household or most, but I think it would be nice if they covered domestic workers as well. Section 2 of the Act describes who the victim is or where the victim identifies and the victim can go to a magistrate's court to experience or even experience the violence of this domestic violence.
However, the possibility of this happening is still rarely used in our country. The law goes on to say that persons who may have been subjected to violence can also come to court so that the police can file this case on behalf of the victim or the victim. When the victim files a case, he has to file the case through a lawyer. It is important or necessary for the victim to attach an affidavit stating that he or she is well aware of the incident at the time of prosecution. Going to this court means getting a defense order and at the very beginning you get it as an interim defense order.
This court means the magistrate's jurisdiction where the victim is or is temporarily, and if the child is a victim, one of the parents, the guardian, the person where the child lives, or the child protection authority can file this case on behalf of the police. In my opinion, if there is anything that can be done through a lawyer without the help of the police, there is nothing wrong with filing a case through the Legal Aid Commission if you do not have the money to do so. I do not encourage you to do so. That is why I propose the option of a Legal Aid Commission.
In this case, the fact that the child is under the age of 18 and that the emotional outburst of violence is in the form of a serious insult or insult directed at the victim, in particular, has the potential to cause serious immediate harm to the victim. A person who instigates an intense and severe persecution with insulting words and other such insulting words makes an impulsive reprimand. Both men and women do not do this. Even on the highway, lawsuits can be filed.
Chapter 16 of the Penal Code, which defines violence in a broader sense, means that all offenses against the body and life are treated as violence under this Act. 483 Criminal intimidation makes sense of this violence. If the person referred to as the person in charge of this Act commits or attempts to commit the above offense, then a restraining order can be obtained.
The person concerned is the person who is persecuting or attempting to cause harm, and they can be any of the following. That oppressor is the one who is oppressed;
1. Spouse is the wife or husband
2. Ex-spouse means ex-wife or ex-husband.
3. The partner in the relationship can be a man or a woman living together. (This is about the casual husband and wife)
And so on. The victim is the father, mother, grandmother of the victim. Grandfather, Stepmother, Uncle, Son, Daughter, Grandson, Granddaughter, Son or Daughter of Wife or Husband, Brother, Sister, Half Sister or Brother or Mother or Father's Ex-Marriage Children, Spouse's Siblings Are cousins. These oppressors have been named by a large range of relatives, at least one cousin.
When such a request is received, the court should consider that request. This act applies immediately to domestic violence, which can take as long as the normal time in court, at least two days, and may even lead to death or even suicide, especially if these cases are filed before the Magistrate's Court before 12 noon and immediately after 12 noon. If filed, it will be considered the next day. But in some places it takes two or three days and it is my opinion that it is against the objectives of the Act. I name such an opportunity to remind the Magistrate of it. He can make any decision he wants.
If the request is made through a private attorney, there should be a petition, a motion and an affidavit, and all the facts of the affidavit should be summarized and, if necessary, attached to them, such as hospital records, copies of police complaints, vetting hardware and software.
When the face was blue like in the picture, the oppressor came and told the court that I did not hit and threw the key and it hit his eye. We in the court laughed.
If the Magistrate is not satisfied to issue an interlocutory order, an injunction may be issued to appear in court after 14 days, as opposed to the interlocutory warrant. A date is then ordered for the person or oppressor to be issued by the court to the police and the oppressor of the oppressor and victim.
A copy will be sent to the police at the address of the oppressor and the victim, as the police will have the power to take action if this interim order is violated in any way. It is a one-sided thing to consider that the victim is the only one in the court until the interim order is issued.
The most important thing is the things that come under Article 11
The victim and the oppressor cannot go home together, cannot go to work, can not go to school, cannot go to residence, can not go to a temporary place, can not go to a part of the joint house where the victim and the oppressor live, can have relations with the victim's alma mater If it is in the best interest of the child, the court may grant permission. Vinditha cannot come to jointly owned properties, if they do that, they can not come to the paddy field, they cannot try to make contact with Vinditya in any way, that is, they can not go after Vindita, and they can not threaten them if Vinditya is assisted by a social worker or a doctor. It is not possible to sell a house or sell a property in a way that makes the victim miserable.
Swords and pistols are seized from the oppressor to ensure his safety.
The court may order the provision of temporary accommodation, counseling and psychological assistance. If Vindeetha is dependent on the oppressor, you need to do this and pay Vindeetha
There are a number of provisions in Article 12 of this Act which may be referred to the Court for reconsideration of a minor change of choice at a later stage, subject to review by the Court.
However, the court sees that the demand for such a change is voluntary and the court will not allow such a change.
A person who fails to comply with an order will be fined Rs. 10,000 or imprisoned for one year or both.
I know of a case where if you do not post these personal things of people in newspapers, wild media or social media, you will be sentenced to 2 years imprisonment.
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