D.v. act

raman gaikwad (Querist) 28 October 2016 This query is : Resolved
what should a husband do if the wife is not present in the court in the last 6 hearings in a domestic violence case?

Follow Query

Report Abuse

Rajendra K Goyal (Expert) 28 October 2016
Academic query, state material facts of the problem if any.

How are you concerned with the query?

looks like examination question.

Advocate M.Bhadra (Expert) 29 October 2016
If a criminal complaint case has been filed by a complainant and on the day fixed for the hearing of the case, she is absent, the magistrate may in his discretion dismiss the complaint and discharge the accused.

However, before exercising this discretion, following -conditions must be satisfied –

(i) The offence is one which can be lawfully compounded or is a non-cognizable offence

(ii) Such an action can be taken by the magistrate at any time but before the charge has been framed

Devajyoti Barman (Expert) 29 October 2016
In DV case presence of wife is each and every date is not required.
The DV case having been a quasi civil case the CrPC is not strictly followed here.
So the husband can also remain absent every date.

Rajendra K Goyal (Expert) 29 October 2016
Agree with expert Devajyoti Barman on this academic query.

Dr J C Vashista (Expert) 31 October 2016
I agree with experts it a pure academic query and I do not have any opinion, suggestion or advise for an academic query.

The author should attend class-room studies especially for the provisions of Protection of Women from Domestic Violence Act, 2005.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now