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Ramesh (student)     10 August 2013

Domestic violence act

Dear All experts,

It is seen in many cases that the wife roped all the family members in DV case apart from her husband and some cases number of respondents are more than seven or eight.

In one such case Magistrate is demanding exempt application of other respondents who have not appeared before the court on the date and all of them are residing in other CITY AND STATE  having distance of more than 1200 kms. However  the application is giving by the Advocate by his sign.

Kindly guide is it necessary to ask the application every time by the Magistrate when they have not to deposed in the court and the presence in persons of the respondents is merely formality because every time case is adjourned for so many routine procedure ?



Learning

 2 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     10 August 2013

if the respondents have not filed any application for permanant exemption then the application should be filed on every date before the court

Tajobsindia (Senior Partner )     10 August 2013

1.    Exemption (permanent) Application U/s 205 OR S. 317 CrPC for doing away regular presence of all other Respondent should be filed by respective Respondents with undertaking to co-operate during evidence stage and not by an Advocate as being done as stated in your brief unless he is PoA holder for all other respondents behalf in reference to DV complaint (adjournment) case is my view.


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