RISHI JI 15 December 2021

DV act

petitioner right of evidance closed in domestic violence case. without filling evidance affidavit due to many adjournment already granted.
is there any benefits for respondent.
if yes what benefit for respondent (husband)

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3 Replies

P. Venu (Advocate) 16 December 2021

if so, the proceeding ought to be closed/dismissed by the Court.

Dipro Hajra 16 December 2021

The defence lawyer has to make a strong story of the actual case with strong evidence negating those of posecutrix. The case will be heard ex-parte and finally dismissed

Kawmini Liyanage 17 December 2021

Greetings!

In order to answer your query, in brief, if the petitioner's right to file evidence has been dismissed by the court, there is no means of proving the case against the defendant as the burden of proof vests with the petitioner. in such a situation, the case would be dismissed in the first instance by way of using the discretion of the court to stay proceedings in order to prevent abuse of the justice system.

Regards,

Kawmini Liyanage.