Action against disappearance of some of defendants under dv case

Guest (Querist) 15 October 2011 This query is : Resolved
Under DV case, if defendants shared household, but some of them are not coming on hearings ,what action can be taken against them AND HOW?What abt NBW?

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Raj Kumar Makkad (Expert) 15 October 2011
No action can be taken against them because there is no such provision in this Act. Only if interim order is violated by respondents only then court can sent the matter to concerned police station to lodge FIR under section 31 of ibid Act. The facts of your case do not demand such action so no scope of even lodging of FIR what to talk of NBW.

Shonee Kapoor (Expert) 15 October 2011
It is not necessary for any of the accused to appear in court unless so specified by the court.

Hence No NBW in PWDVA, 2005.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Guest (Querist) 16 October 2011
Mr. Rajkumar: why wont court call all the defendants unless there is some crucial/unavoidable reason of disappearance?
There must be reasonable discretion on part of court,it cant be vague to the level that it would allow some defendants enjoy at their home though they were involved in violence...

Arun Kumar Bhagat (Expert) 16 October 2011
If the defendants are represented through their lawyers then its all right. If they are not then the case shall proceed ex-parte against them.

prabhakar singh (Expert) 16 October 2011
I am surprised on such a generous use of ibid
which some time back some one asked about its meaning and i posted the meaning and use both which i reiterate again here too before posting answer to the query "ibid. definition
An abbreviation for ibidem , a Latin word meaning “in the same place.” It is used in footnotes and bibliographies to refer to a source cited in a previous entry."

Now in answer to your query i wish to state that the Act in consideration only casts one duty on the magistrate that is to make service upon the respondent through protection officer where after the magistrate can pass orders under the Act even if a respondent does not turn up and
remains unheard is his own concern and the Magistrate is empowered to pass order directly without recording any exparte.

Vijayarajan (Expert) 16 October 2011
Well explained, Prabhakar singhji, thanks a lot.

Raj Kumar Makkad (Expert) 16 October 2011
Word respondent is used in this Act and not respondent.

prabhakar singh (Expert) 16 October 2011
'respondent'is the word used in the Act[source vakilno.1.com]:

'respondent'is used by me.

Word respondent is used in this Act and not respondent.is the comment.

i am digging on to find out the controversy raised.

Devajyoti Barman (Expert) 20 October 2011
Yes the court may proceed ex parte but not NBW.

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