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priti (nothing)     12 August 2013

Dv case

dv case filed against nri husband and family.summons served abroad and in india as well. none appeared in any trial.what procedure will be followed to get them to face the  trials.nri fled away abroad, parents in india.

 3 Replies

Nadeem Qureshi (Advocate/     12 August 2013

the court have power to pass orders in your favour ex party under section 23 of DV Act.

Tajobsindia (Senior Partner )     13 August 2013

1.    Ex-part protection Order is announced (if pressed for) on NDOH or one more opportunity given to respondent(s) for filing appearance.

2.    Post it matter put up for your Evidence assuming you are complainant person.

3.    Further if complaint case succeed then Proclaimed Status can be pressed for against Respondent person(s).

Rarely above ever happened in history of DV Act since its inception.
Reason being final Order cannot be announced in absence / representation of respondent person(s) by self or by a representative i.e. by a PoA holder since DV Act procedural Law is strictly CrPC and same is liable for set-aside

However you may try for a precedent.

stanley (Freedom)     13 August 2013

There is no clarity whether domestic violence took place in India or abroad . Hence if Dv has taken place abroad than Dv would have to be filed in that country provided that the country has a DV law in place .The very term NRI means Non resident indian meaning to say that he does not reside in india so it cannot be stated that he fled but rather went about his business abroad . Even if a ex-party order is got how it can be implemented or executed is rather a illusion or mirage that you would be seeing and this ex-party order can be set aside when he returns . 

By the way what are the reliefs that you have asked for under what sections of the DV act ??

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