Domestic Voilence Act

Hello,

 First of all u did not mentioned at wat stage the case is . As the bare reading of ur facts implies you had given one appearence only.  sec. 28 of DV Act gives discreationary  power to magistrate to adopt  any procedure according to circums.DV act cases are genrely based on pleadings  so wat  at this stage u can do is that u can file the certfied copy of the FIR and other documents as an annexure with your pleadings and further u will lead them  in ur evidence as respondence witnesses at the proper stage of the case.

Hi Jain and other of my collegues,

I have just appeared on the Respondent side and I am yet to be given the petition copy from the Petitioner.

The Respondent is a good samaritan and the petitioner women has filed this case just for the sake of harrasment and maybe to get some share in property or some money.

I do not know what are the stages that goes about in this case further and how I should go about defending my client. 

Since this is a new  practise of law where the Magistrate has huge powers to punish the Respondent if  I am not alert enough to defend properly.

hello,

burden of proof is on the petitioner.

usually the witnesses will be from petitioners own circle that is her friends and relatives and when u cross examine them u can easily paint them as interested witnesses.

u can also take the defence that petitioner used to blackmail the respondent by forcing him to give her a laxurious life. in supprt of this defence u can lead some defence evidence.

Just like atrocities act though the cognisance of the offence is taken mere on the testimony of the petitioner it is not so easy to prove the same.

so nothing to worry.

good luck.

Thanks, so the burden of proof is on the Petitioner.

As for the Act it gives no proper way of defence. nothing is said about this burden of proving.