David (TL) 17 March 2022

Appeal hearing procedure

I have filed an appeal to district court against order passed by magistrate on Domestic violence case file by divorced wife. Notice was served to her and her advocate files valakat in appellate court. Judge posted next hearing for argument. My question is it not needed for respondent to file counter and then Argument will starts or its just argument only needed from both parties ?

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5 Replies

SHIRISH PAWAR, 7738990900 (Advocate) 17 March 2022

Hello,

Respondent may file reply with permission of court, otherwise both advocate can argu the matter.

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Shubham Bhardwaj (Advocate) 17 March 2022

Dear Mr David,

In some statues there is no provision for filing counter. In some statutes there is a provision for filing a memo of cross objection. However, that is not compulsory to be filed.

Domestic Violence matters are proceded as per procedure prescribed under Cr PC 1973. There is no provision for memo of cross objection under Cr PC. Thus, in your case the court can directly go for arguments.

Regards

Shubham Bhardwaj (Advocate)

District & Session Court, Chandigarh

Punjab & Haryana High Court, at Chandigarh

Disclaimer:- Opinion is only for guidnace.

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David (TL) 17 March 2022

Thank you sir

Dr J C Vashista (Advocate) 18 March 2022

Appeal under Section 29 of the Protection of Women from Domestic Violence Act, 2005 assailing order passed by Magistrate can be heard by the Sessions Court without filing counter / reply to the appeal.

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