Dvc cross examination

Guest (Querist) 15 October 2018 This query is : Open
Hello Sir/Madam

my friend filed dvc case against her husband and in-laws. She filed chief affidavit around 6 months back.
She always present but all the respondents are absent , even her husband also absent and always pray for time saying wrong reasons.once chief affidavit filed , is it trial has started? During trial respondents attendance is required right? how long they can avoid cross examination of petitioner? is there any way petitioner can take any step for this?
Kindly clarify these details it would be helpful to her.
Thanks
Lavanya

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Isaac Gabriel (Expert) 15 October 2018
Are you party in person or engaged council? Did respondents make appearance and file counter?

Dr J C Vashista (Expert) 16 October 2018
Your locus standie to the question paper is questionable.
What is the advise of the lawyer engaged by your friend/ the alleged aggrieved person, who has filed the complaint u/s 12 of the PWFDV Act, 2005?

Vijay Raj Mahajan (Expert) 16 October 2018
The presiding judge will take action in this regard, he should be told to close the cross examination of the respondent as sufficient dates given for this but avoided by him.

Guest (Expert) 16 October 2018
It is a useless law . magistrates are women mostly in these courts but are least sympathetic and DV application was supposed to be over in 90 days if PO report is there . But it takes years and has been reduced by courts to farce. I squarely blame courts and magistrates for making fun of such laws. To the brink of utter shamelessness.They run it as civil trial. DV act is not civil case. Only application even oral of victim is enough to move court .But you will find cases dragging on with 3 to 8 moths dates given routinely and cases converted as if normal civil trials.There is acute shortage of judges .Modi was to appoint 10000.Not appointed even 100 in 5 years . There are too many lawyers in courts , many fake lawyers as per BCI itself.Everywhere non accountability and mess. Babus in courts interested only in money .Having said that Please meet DSJ of that district court and file a written application .he can even have a formal hearing and pass orders to magistrate for expeditious proceedings even day to day basis . There is no other way . Courts are insensitive and always make excuse we have so many files. I had fight with 2-3 magistrates in delhi chandigarh and jofhpur on this issue and simply told them resign if you cant handle .if you give only dates and show teeth files will keep piling up. in 2 of 3 cases my case was disposed in 6 months .India weakest part is lawlessness and weak dragging legal system .too many laws too little work
in DV case only 5 page application is needed 3 forms and an affidavit that is all..But lawyers make petition like civil cases putting all the nonsense many times. And magistrates love it so the defense counsels who bring double sized reply. ha Ha . All the best .

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