Sagar Singh (Cba) 04 November 2009

EXEMPTION TO DVA CONSPIRATOR

SIRS,
MY WIFE bombarded a PWDVA complaint on me and mine ,this act of her was a counterblast to my divorce petition of AUGUST 2007 , IN this complaint she has claimed all possible reliefs , I have been able to get exemption to the other respondents in it , and have also been granted time to file my counter by the magistrate .
SEEING her entire game plan collapse ,the wife (i.e.the only petitioner ) has now applied to the magistate for exempting her from personal appearance , which my counsels have verbally objected , SIRS ,due TO the serious nature of the allegations I HAd BEEN forced to atteend the magistrate court 8 TIMES SINCE PAST 6 WEEKS inspite of living 800 KMS AWAY, AND THE LADY (conspirator) living just 2KMS FROM the court is seeking exemption ,IS THIS LEGALLY POSSIBLE , ACCEPTABLE OR PERMISSIBLE ?
KINDLY THROW SOME LIGHT AND OBLIGE ,
THANK YOU

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SAGAR_SINGH

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4 Replies

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com) 04 November 2009

As replied to u. You may also get permanent exemption from district court or from High court for your non appearance. In her case court may grant her exemption depends upon her condition.

Regards

adv.kamal.grover@gmail.com

(Guest)

Sagar ji,

In case of proceedings under PDVA you are not an accused but is a respondent and therefore your personal appearance is not ncessary and you can be represented by your Advocate. There is no need for filing an exemption application. Please note you are not issued with any summons or warrant. You are issued with a notice which says you may be represented by an advocate.

Bohara P.Singh (advocate) 04 November 2009

Mr. Sagar, You are not an accused in the proceeding under the Protection of women from Domestic Violance Act 2005, you are the respondent . These proceedings are civil in nature you should appoint an Advocate to defend your case before the court and your personal appearance is not compulsory unless you are directed to appear in person before the court. But never flout the order of court otherwise yu may be punished accoring to the provisions of Cr.P.C.1973. You have not made clear that under which sections proceedings are being conducted. However you know section 31 lays the provision for offence and personal appeance can not be avoided but I think your case is not at this stage .

bhupender sharma (head) 06 November 2009

Mr. Sagar Singh, there is provision under the code which is section 205 of the Cr.P.C for exemption from personal appearence may be filed as it is rightly said by our colleauge u please appoint an advocate in this regard. More so I the provisions of section 31 are came in to existence only when some relief has been granted to the aggrieved and the same is violated. Bhupender Sharma(Adv.)