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Vijay Kumar (Advocate)     08 August 2009

Ex Parte in DV Act

Sirs, my client has been proceeded Ex Parte in DV Act proceedings. An order u/s 12 of DV Act has been passed against him Ex Parte.

In civil cases, we move application under Order IX Rule 13 for setting aside Ex Parte Decree. Is there any such remedy in above mentioned case falling under DV Act?



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 5 Replies

Legal Fighter (Advocate)     09 August 2009

u can file an application under section 24 of DV Act stating change in circumstances as you have tendered your appearance and the court is required to hear u before passing any order.

manu (advocate)     09 August 2009

sir,

ex parte relief is sought against ur client under section 23(2) od the d.v. act.

proceedings under domestic violence act shall be disposed of withing thirty days.

as u have tendered ur appearance u can insist upon the court to proceed with the evidence.

there s no such provision under d.v. act to seek the set aside of ex parte order unless there is change in the circumstances of the case.

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     10 August 2009

 Vijay ji, 

circumstances change dika kar aap is ka hal DVA me hi dhund sakte hai. you are so intellengent guy in chandigarh. Yaar muktsar ki hawa lag gai lagta hia.

Anyhow what about marriage. 

Your any  clarification is always welcome;

Mail me at 

adv.kamal.grover@gmail.com

Advocate

M:09814110005

PB. & HRY. HIGH COURT CHANDIGARH (INDIA)

With Regards

Vijay Kumar (Advocate)     11 August 2009

Dear Kamal, if the order has been passed just two months back, it would sound absurd to plead the change in circumstances.

With love

Vijay

Renjith Sadanandan (Advocate)     06 February 2010

 Petition to set aside exparte order can be filed under Proviso to Sec.126(2) of CrPC read with Rule 6(5) of the Protection of Women from Domestic Violence Rules


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