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Gautam Joshi (ABC)     24 March 2013

Stages for domestic violence case

Hi Forum

 

Please inform me with reference to domestic violence case that

 

1) If the applicant/complainant submits evidence during evidence stage, than next stage for opponents is to submit their evidence or to first cross examine the applicant? 

 

Thanks in advance..



Learning

 5 Replies


(Guest)
Originally posted by : Gautam Joshi

Hi Forum

 

Please inform me with reference to domestic violence case that

 

1) If the applicant/complainant submits evidence during evidence stage, than next stage for opponents is to submit their evidence or to first cross examine the applicant? 

 

Thanks in advance..

TO NEWBIES OF DV:


1.  First protection officer takes complaint from wife, does not make investigation, passes it on to magistrate.


2.  Magistrate takes time to register case, after which a case number is give.


3.  Accused , co-accused are sent summons separetly to appear before court.


4.  Wife submits her affidavit, with her set of allegations.


5.  Depending on whether wife has asked for residential orders stating that she is on the streets, wife will get exparte orders and get chance to barge into matrimonial house, provided husband is still staying there.  If not staying there go back to mommys house and still state she is on the streets.


6.  Magistrate will issue warrant for noncompliance of orders by husband.


7. Further, again warrant issue, then NBW.


8.  Then one fine day stage for evidence is all set! 


1) If the applicant/complainant submits evidence during evidence stage, than next stage for opponents is to submit their evidence or to first cross examine the applicant? 


First wife will submit evidence, then husband has to submit evidence.


Then examination cheif will happen, marking of documents etc.


first wife, then husband.


Then one date for cross examination of wife will happen, subsequently cross examination of husband will happen.


Then one more date for arguments.


Take one more date for further cross examination and arguments.


All this will happen.

1 Like

SRINIVASA PRASAD Warangal A.P (LEGAL PRACTIONER )     27 March 2013

HAI HELPING HAND,

ADVICE OF PROCEDDURE IS GOOD, BUT I OBJECT2  CALL THE OTHER SIDE AS "ACCUSED" THEY ARE TO BE REFFERED  ONLY AS  "RESPONDENTS" ; PLEASE RETIFY;

 

I HAVE BEEN OBSERVING YOUR GOOD ADVISES; kEEP IT UP.


(Guest)
Originally posted by : SRINIVASA PRASAD Warangal A.P

HAI HELPING HAND,

ADVICE OF PROCEDDURE IS GOOD, BUT I OBJECT2  CALL THE OTHER SIDE AS "ACCUSED" THEY ARE TO BE REFFERED  ONLY AS  "RESPONDENTS" ; PLEASE RETIFY;

 

I HAVE BEEN OBSERVING YOUR GOOD ADVISES; kEEP IT UP.

If wife filed DV, she become petiioner.


you and co-accused become respondents.

FightForCause (Businessman)     19 September 2014

Helping Hand,

Thanks for the detailed descripttion of stages in DV case.

But my lawyer told me that she will give evidences and we will take her cross-examination.

Once her cross is over we will submit out evidences....here i feel if we do not produce our evidences during her cross how will we get them exhibited..

 

Please explain in details the benefits of submitting evidences before her cross..

Are we opening our cards to her before her cross if we submit our evidences b4 her cross???

 

rebellion (fighting against bias law)     19 September 2014

@FightForCause , Even i have same understanding and my lawyer told me same .

@HelpingHand , could you please put some light.


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