LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Vijay (law student)     04 January 2015

Personal appearance not mandatory in pwdva cases

Dear Members,
I would be grateful if I could have some relevant judgments on "Personal Appearance not mandatory in PWDVA cases".

Thanking You,
Vijay



Learning

 1 Replies

AEJAZ AHMED (Legal Consultant/Lawyer)     06 January 2015

Navrose Singh and others vs State of Haryana and another_On 25–03–2010

It is made clear that under the provisions of the Protection of Women from Domestic Violence Act, 2005, it is not statutory obligation of the respondents to personally appear before the Court or to furnish bail bonds for appearance. The appearance of respondents under the provisions of the Protection of Women from Domestic Violence Act, 2005, is not the requirement of law unless and until, the Court exercises discretion to direct the parties to appear in person for some specific purpose. It is the wish of the petitioners either to appear in person or engage a counsel and pursue the proceedings….”

 

Vinod_M._vs_Namitha_on_11_August,_2008

5. The petitioners have a further grievance that the learned C.J.M is unnecessarily insisting on the personal appearance of the petitioners who include the mother in law and two sisters in law. It is submitted that unnecessary insistence on such personal appearance is causing vexation and hardship to the petitioners.

 

6. I fail to understand how, why and under what circumstances such personal appearance is insisted by the learned C.J.M. It is trite that even though proceedings under the Protection of Women from Domestic Violence Act, 2005 are initiated before a criminal court, the relief claimed is essentially and in its core, civil in nature. Evidently in the interests of Crl.M.C. No.3016 of 2008 4 expedition, the Parliament has thought it fit to entrust the responsibility of operating the Protection of Women from Domestic Violence Act, 2005 with the criminal adjudicatory structure. But that cannot


Attached File : 508231657 navrose singh and others vs state of haryana and another pwdva personal appearance of respondent.pdf, 508231657 vinod m. vs namitha on 11 august, 2008 pwdva personal appearance of respondent.pdf downloaded: 352 times

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register