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KalpanaTirupur   02 September 2017

Ex parte

Kalpana, tirupur My sister was being tortured physically abused, tried to murder her muliple times by her husband, mother in law and father in law. Finally she had to file DVA against them. Court sent summon but mother in law received summon but did not appear in court. So judge gave ex-parte to mother in law. Our advocate says we cannot proceed any action against her (mother in law) because of ex-parte. Question is 1. Is there a way to put arrest warrant and bring her to court. 2. Is ex parte favours her mother in law or my sister? 3. If she tries to escapes to other country, can court stop that? 4. Can we request court to block her passport, adhar. Is there a way to proceed to block? which section supports that in dva? We would like to get details for the above questions. If we can proceed further action against her mother in law to Bring her to court, how can we proceed and which section of the law supports that? Further we want to know if court will proceed any further against her mother in law or do we have to submit summon again to bring her tinvestigations are not started. The remaining 2person her husband and father in law have given counter reply now only.o court? If she will be punished for not appearing in court even after declaring ex parte , when she will be punished? Because this case will take further long time still


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 4 Replies

Arvind Singh Chauhan (advocate)     02 September 2017

There is no punishment in DVA. Court can't give relief against mother in law except protection order. If there is breach of protection order then the question of punishment arises.

SHIRISH PAWAR, 7738990900 (Advocate)     02 September 2017

Warrant cannot be issued against your mother in law. If she disobey the protection order then only court can punish your mother in law.

KalpanaTirupur   02 September 2017

Mother in law is not appearing even after judge gave ex parte order. Warrant cannot be issued? Then how court will further proceed. Is that murder attempts are not conisdered as crime or punishable under domestic violence act? If no punishment in DVA so anybody can harm abuse a newly entered girl?

KalpanaTirupur   02 September 2017

Mother in law is not appearing even after judge gave ex parte order. Warrant cannot be issued? Then how court will further proceed. Is that murder attempts are not conisdered as crime or punishable under domestic violence act? If no punishment in DVA so anybody can harm abuse a newly entered girl?

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