LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Vijay Bhaskar (Law student)     09 May 2025

Aged respondent relief from physical appearance

Dear Respected Sir,

May I please ask about the relief for Aged respondents in DVC case. Wife has filed a DVC case. As Husband is abroad, is there any relief available for Parents aged 70+ from appearing in person before Honb'le Trial court during cross examination stage as they can't travel long distance across to another state. Can Aged parent file written statement to convey their arguments under Order 8 1(a) through the  advocate instead of appearing in person. Or Discharge petition this late in cross examination stage will be entertained?. I humbly request you to enlighten me on this.

 

Regards

Vijay



 3 Replies

T. Kalaiselvan, Advocate (Advocate)     09 May 2025

An aged respondent in a Domestic Violence (DV) case can apply for dispensation of personal appearance. The court has discretion to grant such an exemption, considering the specific circumstances, including the respondent's age and any medical or other factors that might make personal appearance difficult or inconvenient. 

DV proceedings are considered quasi-criminal, and the court does not necessarily require the respondent to be physically present, as the proceedings do not carry penal consequences except in cases of a protection order breach. 

R.K Nanda (Advocate)     09 May 2025

Discretion is with the court .it may allow exemption from personal appearance or can deny it also. 

.

 

P. Venu (Advocate)     11 May 2025

In a DV case, it is not mandatory that the respondent be present in the court.  As to deposition and cross examination, any or some among the respondents can chose to depose. However, any specific suggestion requires that the pleadings be perused and issues discussed.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register