Written Argument in PWDVA
Soma
(Querist) 06 December 2009
This query is : Resolved
In a Domestic Violence case, in which I am appearing for the Respondents, I prepared Written Argument for and on the day fixed for interim hearing but the Ld. Magistrate refused to accept it. The Ld. Magistrate asked me "if you do not mention under which section of law you can submit written argument in interim hearing of PWDVA case, I will not accept it."
Whether there is no provision for written argument for interim hearing?
Can he refuse to accept?
Arvind Singh Chauhan
(Expert) 06 December 2009
Please go through the Section 28 Of PWDVA. It is about the procedure to be followed by court, which is Cr.P.C. Now go through the Sec 314 of Cr.P.C. in which memorandum of argument may be filled in writing. There is no question of interim or final hearing, procedure is procedure.
Raj Kumar Makkad
(Expert) 06 December 2009
Arvind there is also mentioned in the same PWDVA Act that it is upon the magistrate to adopt the procedure to decide the application as he likes so if the magistrate is inclined to accept the written argument, i is of no use to earn his displeasure.
