Domestic Violence Act
Chetan
(Querist) 08 May 2009
This query is : Resolved
I am the Non-applicant
The applicant filed an application u/s 12 in textual format.
Whereas I raise preliminary objection stating that the Application shall be made by aggrived person in Form II as prescribed by the Rule 6 of the said Act.
Is it necessary to makes application in Form II as per rule 6 of the Said Act.
If any case laws pls provide.
PALNITKAR V.V.
(Expert) 09 May 2009
Normally procedural laws are directory in nature. One should not look into the format but the substance of the contents. The defect in procedural formalities are not fatal unless they cause prejudice to the other party.
Kiran Kumar
(Expert) 09 May 2009
Mr. Palnitkar is absoluterly correct.
laws of procedure are hand made of justice.
u will find a lot many enactments providing formats for filing complaint or petition.
defect in form of application shall not destroy the substantial justice.
MANISH
(Expert) 09 May 2009
Dear Mr. Chetan,
You are wrong. In a recent judgment of 2008, the Supreme Court as well as one High Court has clearly stated that the prescribed form is only for the conveniency of the applicant, and it is not necessary that the application could be made in such prescribed format only. The application could be presented even on a plain paper provided that it satisfies all the criteria mentioned in the application prescribed.
