Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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B S MURTHY   13 June 2017

Dvc - presence of respondents in court--is it essential?

In a DVC case in a Metropolitan Magistrate Court, is it essential that the Respondents / Defendants to attend the court for each posting. What are the Court norms / rules .What is the relevant section dealing the subject.



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 6 Replies

Sachin (N.A)     13 June 2017

Presence of all the respondents is not necessary.

Respondents other than husband may file Application u/sec.205 Cr.P.C. "Magistrate may dispense with personal attendance."

Even if court refuse to allow application of 205 CrPC, other respondents may not appear. Court cannot issue warrant against respondents 

Only husband needs to appear on every hearing.

 

B S MURTHY   13 June 2017

If the husband fails to attend the court on various dates, what is the recourse as per law?

Arjun   13 June 2017

Either the husband(R1) or the Legal counil has to represent. On the absence of R1, ned to submit the absence petition.

Judge can order for exparte order, if no representation.

 

Azhagananth (Lawyer)     14 June 2017

In Criminal court both should appear. Allowing petition U/S 205 is Discretion of the court.

Advocate Bhartesh goyal (advocate)     14 June 2017

cases of domestic violence are quasi civil nature so personal appearance of respondents are not necessary and they can give their appearance through counsel

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(Guest)

Amisha ji is correctly observed. Courts have discretionary power and bias is a subject of study in Law itself.


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