Domestic violence
Guest
(Querist) 10 October 2014
This query is : Resolved
Hello Respected Members,
Most of you know my False Domestic Violence case. Now District court has ordered to deposit Rs 40000/- and my appeal is admitted.
Before this order court asked my lawyer to file affidavit/proof that no summons were received by me and the case was disposed beyond my knowledge. Fact is that there is no record on part of court that any notice were ever served upon me and practically I did not receive it. I stay far away for last 10 years from my house for occupation. Out of 3 summons (widow mother, me and my brother) one was duly served with my mother in my native place and the other 2 were refused that mother has no connection with her children.
Although we did not get the Order copy as District court is closed due to vacation holidays, perhaps court may hear us and call for lower court record.
My q is
a) As PWDVA is quasi civil in nature, can Civil Procedure Code Order 9 Rule 13 and Order 9 Rule 7
And
b) Rule 6 Sub Rule 5 PWDVA says:The applications under Section 12 shall be dealt with and the orders enforced in the same manner laid down under Section 125 of the Code of Criminal Procedure Code.
Thus it can be safely concluded that Sec.125 and its supporting provisions in CrPC can be used to set aside an exparte order in any case under Protection of Women From Domestic Violence Act. The provision of law should be stated as follows:
Petition filed under Proviso to Sec.126(2) of CrPC read with Rule 6(5) of the Protection of Women from Domestic Violence Rules
Both the interim and final order were decided ex-parte.
c) On hearing can I prove that no domestic violence is done from my side and I have made enough attempt to bring her back by showing evidence like Her Medical Insurance Premium for last consecutive 4 years was taken by me. My phone call records to her parents residence that I was in touch with her. The 2 GDs made in Police Station to show that Domestic Violence has been made by her and not us as she left her matrimonial home on her own to file false case and steal money.
Kindly advice. Waiting for your expert advice.
Many Thanks
Ghosh
Nadeem Qureshi
(Expert) 14 October 2014
Dear Querist
the magistrate have power to set-aside the order under section 25. Duration and alteration of orders.—
(1) A protection order made under section 18 shall be in force till the aggrieved person applies for discharge. tc "25. Duration and alteration of orders.—(1) A protection order made under section 18 shall be in force till the aggrieved person applies for discharge."
(2) If the Magistrate, on receipt of an application from the aggrieved person or the respondent, is satisfied that there is a change in the circumstances requiring alteration, modification or revocation of any order made under this Act, he may, for reasons to be recorded in writing pass such order, as he may deem appropriate. tc "(2) If the Magistrate, on receipt of an application from the aggrieved person or the respondent, is satisfied that there is a change in the circumstances requiring alteration, modification or revocation of any order made under this Act, he may, for reasons to be recorded in writing pass such order, as he may deem appropriate.".
In evidence state you may prove your case against her and if you proved then the court will pass final judgment in your favour.
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