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Kaatu Poochi (Kaatu Poochi&Co)     14 May 2014

Dva exparte

Does the Indian Act? DVA case to give the ex-parte order.


Learning

 8 Replies

Dr J C Vashista (Advocate)     15 May 2014

@Smart,

Anonymous and vague query

Gautam Kapoor (IT professional Studying Law)     15 May 2014

Agree with Mr.J.C Vashista.Vaild legal advise cannot be sought on vague incomplete queries.

 

But,if your question is : Can DV be exparte? answer is yes. If you are aggrieved,then you can seek exparte relief citing change of circumstances and fight the case on merits.Your lawyer should be well versed with this. any how read below.Action nedds to be taken within the limitation period which is 3 months

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."
1 Like

Laxmi Kant Joshi (Advocate )     15 May 2014

Yes , like other case dv can be ex-parte , if it is asked .
1 Like

Kaatu Poochi (Kaatu Poochi&Co)     15 May 2014

Thank you very much sir.

T. Kalaiselvan, Advocate (Advocate)     16 May 2014

I agree, a exparte order can be passed on DV cases too.

1 Like

Sudhir Kumar, Advocate (Advocate)     24 May 2014

come with facts my dear.                         

k.kumar raja (advocate)     25 May 2014

advocate kalaiselvan is right.you have to file cmp along with the main pettion to get exparte order.

1 Like

priyan Sharma (Officer)     26 May 2014

yes. There is specific provision in the act.

1 Like

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