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dawood ahmed (advocate)     23 May 2010

DVC-ATTENDANCE OF RESPONDENTS ON EVERY DATE OF HEARING?

Hi all,

Is the attendance of the respondents i.e the husband and his other relatives necessary, unless dispensed with, on all dates of hearing as in criminal cases? Though it is no where specifically mentioned in the DV Act some courts are insisting the same and asking for filing 317 CrPC petitions in case of absence of the respondent/respondents. What I feel the initial proceedings under the DV Act are civil in nature and only after the disobedience of any order passed there in the further proceedings turn out to be criminal and in that event the court can be justified to insist upon tje presence of the respondent concerned. Please convey your ideas in this regard. Thanks with regards.



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 3 Replies

Gundlapallis (Advocate)     24 May 2010

Yes a valid debatable question.  You are right to the extent that the DV Act is quasi civil and quasi criminal in nature.  However, since the trial is being undertaken by a criminal court the criminal court procedures shall apply for the respondent and his absence shall be notified to the court in form of petition though there is no prescripttion for issue of warrant for his uninformed absence. 


(Guest)

Yes, Sir, Mr. Dawood Ahmed, I agree with your view point.  The same has been said by the single bench of Delhi High Court.  Hence, once interim relief (if prayer is there to such an extent) is granted, the respondents shall be allowed to remain absent till their cross examination stage comes.  Habits die hard and the magistrates are habitual of taking attendance of the accused/respondents and hence insist for their presence on every date of hearing or otherwise exemption applications in their absence.  If you face that problem, please approach the High Court seeking a general direction that specifically directed by the magistrate parties need not to appear in DV proceedings.  It will help several people and also give proper explanation about the provision in DV Act, that magistrate can evolve his own procedure to conduct the case.

Pankaj Mehta (Advocate)     10 June 2010

truly said Mr.prabhakar, I came across with the same problem in the trial courts & filed exemption application for the respondents, A direction for lower courts in this matter is really needed. 


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