pujols20 (Techie) 10 December 2011

Any sc/hc judgement for misusing power to initiate nbw in dv

Respondent 5 and Respondent 6 are part of a false DVC case. They have not received any notice so far.

However opponent lawyer is misguiding magistrate that they are intentionally not appearing in court when our lawyer was not present in the court for couple of hearings. Magistrate has written in the docket order to give NBW on them. However lawyer filed a memo to recall this. This is still pending with Magistrate.

1. Is there any SC/HC judgement to counter this on issuing NBW by magistrate for a civil case where notices are not being served and for misusing their power/authority?

2. I heard that even if notices are served, since DVC is civil case , if any order to be passed, magistrate can take "ex parte" decisions. Please confirm

3. Unless someone breaches/violates court order in DVC, NBW should not be issued. Is this understanding correct ? I have infact seen judgement that even if maintenance is not paid, NBW should not be issued.

4. Should I wait until Lower court takes decision on whether to execute the NBW or approach directly to HC for quash of it ?

Please suggest.

Thanks!

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3 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 11 December 2011

The action of the court is highly objctinable and is liable to be quashed. You should file a revision against the impugned order.

fighting back (exec) 21 July 2013

Hi Pujols,

i happened to read your post in the forum, regarding misuse of power to issue NBW against respondents in false DV casse

even i have been given to understand that DV being a civil-quasi criminal case warrant is only issued upon breach of orders.

i wanted to know what happened in your case, was the order for NBW quashed? what was the future course of action taken by the court.?

request your comment please

thanks

(Guest)

It is normal for Magistrate to issue warrant, then later on NBW. In your case Maistrate has issued warrant for not obeying court orders u/s 23 of PWDVA, you were not caught or found in the given address, so later on warrant was converted to NBW. In all of this what was your advocate doing????

Go for appeal immediately in sessions court [if it is under 30 days] or HC [ if it has crossed 30 days uptil 90 days].

Your advocate is useless, change him, get new advocate.