Domestic violence act

Prashant (Querist) 12 February 2012 This query is : Resolved
Advocate appeared on behalf of respondent. Can court direct the advocate for respondent to remain respondent present in person in the court on the next date of hearing. Matter Proceeding under domestic violence act.

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Devajyoti Barman (Expert) 12 February 2012
Court can not force the personal attaendance of thge respondent unless it is fixed for his evidence.

Prashant (Querist) 12 February 2012
i want a decision on this point. If we see the act the court can adopt the procedure under criminal law. for this reason i want a decision on this point
kindly forward me if their is decision on this point please . . . .

Advocate. Arunagiri (Expert) 13 February 2012
Appearance of the other parties are not mandatory during the hearing. They will be called as respondents not accused.

When when order is passed and non compliance complaint is made, then the other parties will be called as accused not respondents.

The initial proceedings are civil in nature
, magistrate can not compel the presence of the opposite party.

I am enclosing the decision of the high court of Madras.

Raj Kumar Makkad (Expert) 13 February 2012
Court has every power to direct the counsel for the respondent to ensure the personal presence of the respondent on the next date of hearing so that the re-conciliation efforts may be made by court.

M/s. Y-not legal services (Expert) 13 February 2012
court can not do such thing like this.. if there is so many counsel for various respondents mean court can direct whom?

-tom-

Prashant (Querist) 16 February 2012
Advocate. Arunagiri,

Sir Thanks, for searching citation on the point,

thanks

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