LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

G.G.Shaikh Advocate M:9898038990 (lawyer)     19 June 2010

deposition of complaint on oath is valid in dv act

hi friends,

is there a provision to submit deposition of complainant by affidavit  in dv act  . if it is not valid please send me detail or any judgment of it  .


 9 Replies

G. ARAVINTHAN (Legal Consultant / Solicitor)     20 June 2010

Generally no need to file affidavits in criminal cases. instead of that Sworn in statements are taken

adv. rajeev ( rajoo ) (practicing advocate)     20 June 2010

DV act is treated as crimiinal miscelleneous cases, so in my opinion affidavits cannot be filed by way of cheif examination.

Ravikant Soni (LAWYER IN JAIPUR)     20 June 2010

I agree with adv Rrajeev in DV act for depositions affidavit cannot be filed. To prove any fact a deponent has to com in witness box.

G.G.Shaikh Advocate M:9898038990 (lawyer)     20 June 2010

thank for replying me please give me any  judgment .

G. ARAVINTHAN (Legal Consultant / Solicitor)     21 June 2010

That is a procedure and no need for judgment in that



.it is in the form of an affidavit in my case???


pls reply

adv. rajeev ( rajoo ) (practicing advocate)     23 June 2010

It is better to enter the wittness box, because who knows at what time high court says if it is challenged.

vinod bansal (lawyer)     25 June 2010


DV Act itself empowers a magistrate to adopt his own procedure to conduct a case of DV Act. Its depends magistrate to magistratr.In my Distt. one magistrate takes evidence of both parties by way of affidavits,even witnesses or applicant/complainant never stepped in witness box for cross-examination.In another msagistrate court of same court premises  magistrate is taking evidence by way of affidavit and  he always insisted for cross examination.Even there is also different-2 opinion/practice regarding release of respondents after their appearence in court,some courts are releasing them on personal bond whereas some are asking for surety bond.

Ayub S. Pathan (Legal Adviser)     06 July 2010

Mr. Shaikh,

I agree with the answer of Mr. Bansal. You Can file deposition on Affidavit.

But subject to cross by other side. You can step into WB or get an Order of appointment of Commissioner

fo the same. The provisions of CPC are applicable to DV petitions, not in strict sense but to meet the ends of

Justice, at the discretion of the court.

Ayub S. Pathan, Legal Adviser,Mah. State CID, Pune.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register