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sandeep (pvt service)     17 November 2015

Is it necessary for respondents to appear in dv

Hi, is it necessary for respondents to appear in the DV case as well? my mother cannot walk, forget appearing in the case which is 1000 kms away, so is it ok if she doesnt attend?



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 6 Replies

yogendra (engineer)     17 November 2015

no need to attend.One can appear through counsel.

HIRAL THAKKAR (ADVOCATE )     17 November 2015

no need to attend if it is for evidence stage, apply for commissioner to take evidence by placing proper grounds.

 

regards

Laxmi Kant Joshi (Advocate )     17 November 2015

DV case is criminal in nature therefore all the accused must have to attend the court hearings, if your mother is unable to walk then move an application before the court stating all the facts with medical proof of her disableness and have to take permission of relaxation for her personal attendance in the court, court may gran her permission but you have to bring her on that hearing date when you file relaxation application before court , but she have to be present for her evidence stage and for cross examination .

SAINATH DEVALLA (LEGAL CONSULTANT)     17 November 2015

In addition to what Mr.Joshi has mentioned,a disabled accused can pray to the court to exempt from personal appearance u/s 205 read with section 313 crpc.

Section 205 read with Section 313 of the Criminal Procedure Code. Section 205 deals with exemption from appearance and Section 313 pertains to personal examination of the Accused. It is thus logical conclusion that if an accused is personally exempted from appearance in a summons case then the need for his personal examination is dispensed with as well. 

sandeep (pvt service)     17 November 2015

thank you sir, but as mr joshi said, my mother is in such a condition, that she has undergone a very major surgery, and she cant even come to court to apply for exemption as mr joshi said, and i fear for her life if she travels so far, so is it possible that the court can proceed to final stage including evidence without my mother and can i apply on her behalf...thanks

Sidharth   07 January 2016

Dear sandeep, All expert rightly advised you to file application of permanent exemption on behalf of your mother. You should also file APPLICATION TO DISCHARGE YOUR MOTHER as women cannot be respondent in DV Act case. I am sharing a judgement which may help you

https://iitbiimb498a.wordpress.com/females-cannot-be-respondent-dv-3/

Hope it helps...


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