REGARDING DV ACT

JAYARAJ, NOTARY PUBLIC (Querist) 08 December 2013 This query is : Resolved
Dear experts, In a dv case the respondent side advocate filed counter affidavit on bahalf of the respondent . On the same day medical certificate also filed by them for non appearance of the respondent . Petitioner side advocate opposed to allow the coounter affidavit on bahalf of the respondent without present on the day. Any judgment to support the petitioner side orguments?

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Raj Kumar Makkad (Expert) 08 December 2013
The presence of the respondents is not required in DV Cases and even the lawyer can represent them so no citation is available securing the presence of the respondent mandatory.

Nadeem Qureshi (Expert) 09 December 2013
agree with expert

Rajendra K Goyal (Expert) 09 December 2013
Personal appearance on all hearing of the respondent is not necessary in DV cases.

T. Kalaiselvan, Advocate (Expert) 10 December 2013
Though DV case is criminal in nature, the respondent's advocate can file a petition u/s 317 Cr. P.C. to condone the absence of the respondent. The counter of the respondent can be filed by his counsel in his absence too.

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