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Arjun   10 December 2016

DVC - Standing in bone

Hi, I am attending for the DVC from 4 months ( almost 6 times ). Every time the court people asked me to stand in bone. But one expert told me that it is not required to stand in bone for a DV case. It is only for criminal cases. Is it true? Thanks, Arjun


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 11 Replies

Alok Motan (Advocate)     10 December 2016

DV Act cases are also Criminal Complaint cases and are Criminal in nature. There is a Punishment, imprisonment (jail) if the judgment is pronounced/delivered against any person. They are being heard by Criminal Courts. Although and however, the proceedings are Quasi-Criminal in cases of DV Act.

And I think there should not be a problem while standing in Court at any side. Defending and fighting your case is important, getting opportunity of being heard and getting justice is more important, then these petty issues. Usually it is called a witness box, which to my understanding you are calling "Bone".

ALL THE BEST...


(Guest)
Arjun in dvc case ,no need of attendance in court for everytime just ur lawyer is enough.search in Google u will get high court judgement.

(Guest)
Originally posted by : Arjun
Hi,
I am attending for the DVC from 4 months ( almost 6 times ). Every time the court people asked me to stand in bone.
But one expert told me that it is not required to stand in bone for a DV case. It is only for criminal cases.
Is it true?
Thanks,
Arjun

When charges are criminal in nature you will be made to stand in the BONE. Even if you are acquitted, then too you will hear it stainding in the bone only.  Attend each date religiously, non-attendance will lead to warrant issue, subsequent non-attendance will lead to NBW issue.  If caught, you will be at the mercy of the Magistrate to get bail.  DV case is a criminal case, dont take it lightly.  BTW what are the sections under which relief is sought by your wife in DV Act?

These cases will run for 5-6 years. why dont you go for one time settlement, pay your wife lumpsum money and get rid of all this headache?

Sachin (N.A)     10 December 2016

I agree with Adv Alok. 

but don't get tensed with his lines that "There is a Punishment, imprisonment (jail) if the judgment is pronounced/delivered against any person"

These cases are very rare.

Loganaths   10 December 2016

Respected Legal Counsel,

If the DV case proved false, can the wife be punished.  In most cases, when it is in the loosing stage, the wives are filing more cases under 498a, CrPC126 and so on.

Can't these menance be stopped by the Courts and severe punishment imposed to such erring wives.

Thanks for your advice.

Sachin (N.A)     10 December 2016

Originally posted by : Loganaths
Respected Legal Counsel,

If the DV case proved false, can the wife be punished.  In most cases, when it is in the loosing stage, the wives are filing more cases under 498a, CrPC126 and so on.

Can't these menance be stopped by the Courts and severe punishment imposed to such erring wives.

Thanks for your advice.

 

Yes, if you can prove the case false then she can be prosecuted under various sections related to perjury. But its not an easy task.

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     10 December 2016

Domestic violence cases are not criminal cases even though presided by the magistrates.  The opposite party is not called accused, but referred to as 'respondent'. 

1 Like

(Guest)
Originally posted by : Loganaths
Respected Legal Counsel,

If the DV case proved false, can the wife be punished.  In most cases, when it is in the loosing stage, the wives are filing more cases under 498a, CrPC126 and so on.

Can't these menance be stopped by the Courts and severe punishment imposed to such erring wives.

Thanks for your advice.

When your tail is stuck, you should concentrate on how to get it out of the clamp, than think of putting thorn in her eye, isnt it?  Law favours the woman, thats all, just settle matter by paying money.   No point in fighting matrimonial disputes in India.

Kumar Doab (FIN)     10 December 2016

Your queries have been responded by members.

Consider all suggestions,sum up and decide.

Suggestion: Contest the matter seriously and get out of it ASAP.

Dr J C Vashista (Advocate)     11 December 2016

Complaint filed by an aggrieved person u/s 12 of the Protection of Woman from Domestic Violence Act, 2005 are quasi-criminal where different relief(s) are being sought.

The complaint is being adjudicated (not tried) by Magistrate unlike a criminal complaint. Besides this, the respondent need not seek bail and attend proceeding vis-a-vis criminal complaint, however, the respondent(s) should attend the proceedings of case against him/them to protect their interest and demolish the assertions made by the aggrieved person.

I am failed to understand the contention of author wherein he has stated that I am asked by court people to stand in :bone" what does he mean by the connotation/terminology "bone" used by him?

 

Kumar Doab (FIN)     11 December 2016

The author may confirm if 'Bone' is witness box.


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