deposition of complaint on oath is valid in dv act

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

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

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.

thank for replying me please give me any  judgment .

That is a procedure and no need for judgment in that

BUT WHAT ABOUT THE PETITIONER'S   complaint ..

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

pls reply

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

R/Experts

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.

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.