Domestic violence
Sangeetha Iyer
(Querist) 20 September 2013
This query is : Resolved
During the evidence what is done? Is it necessary that respondent also has to be present on that day? During the stage of IM can the respondent file for objection?
Nadeem Qureshi
(Expert) 20 September 2013
Dear Querist
its depend on the facts & stage of evidence, first petitioner/complainant examonation in chief, cross examination by respondent.
if the respondent has any lawyer then the personal presence is not mandatory but if the respondent fight the case own then without his presence the examination can not be completed then mandatory otherwise court have power to close her opportunity to cross the complainant/petitioner.
V R SHROFF
(Expert) 20 September 2013
Evidence is a stage to record Witness statement / cheif / cross, on oath.
Yes, Evidence shd be taken in respondent pr.
Yes, During the stage of IM respondent can file for objection
ajay sethi
(Expert) 20 September 2013
agree with Mr shroff .
Rajendra K Goyal
(Expert) 20 September 2013
Well advised by the expert V R SHROFF ji, nothing more to add.
Adv. Chandrasekhar
(Expert) 20 September 2013
If you are talking about S. 125 cr.p.c. or DV Act, then respondent's presence is not required at the time of cross examination of petitioner by the respondent's advocate as these proceedings are quasi-criminal. Yes, in IM stage, the respondents shall be given opportunity to file his reply / objections. In exceptional circumstances, IM can be granted by the courts ex-parte, means without issuing notice to the respondent, as such provision is available in the Act.
R.K Nanda
(Expert) 20 September 2013
agree with expert Chandrasekhar.
