Personal appearnce before magistrate in domestic violence case?
Raj
(Querist) 24 March 2013
This query is : Resolved
I have received summons to appear before the mm in DV case in ranchi for the first time. can my lawyer appear on my behalf or is personal appearance mandatory?
Advocate M.Bhadra
(Expert) 24 March 2013
Unless their personal appearance is found to be necessary for any specific purpose and without specifying that specif purpose, the learned Magistrate should not insist on the personal presence of the opposite party/accused in Domestic Violence Case.
You can apply u/sec.205 Cr.P.C.:------- Magistrate may dispense with personal attendance of accused.- (1) Whenever a Magistrate issues a summons, he may, if he sees reason so to do, dispense with the personal attendance of the accused and permit him to appear by his pleader.
(2) But the Magistrate inquiring into or trying the case may, in his discretion, at any stage of the proceedings, direct the personal attendance of the accused, and, if necessary, enforce such attendance in the manner hereinbefore provided.
R.K Nanda
(Expert) 24 March 2013
ur presence is not mandatory.
Raj
(Querist) 24 March 2013
DV Act comers under civil suit provisions of CrPC is applicable after the orders??
R.K Nanda
(Expert) 24 March 2013
do not worry about it.
Raj Kumar Makkad
(Expert) 24 March 2013
DV Act case though is filed before JMIC but actually it runs like a civil case so there is no requirement to personally appear rather a lawyer can be got engaged fro this purpose.
Devajyoti Barman
(Expert) 25 March 2013
In WB personal appearance is mandatory in every dates.
Raj Kumar Makkad
(Expert) 25 March 2013
Personal appearance may be mandatory in West Bengal but this is not required in maximum India.
Advocate M.Bhadra
(Expert) 25 March 2013
Judgment) Personal Appearance not mandatory in PWDVA cases
IN THE HIGH COURT OF KERALA AT ERNAKULAM Crl.MC.No. 3016 of 2008()
1. VINOD M.S/O. P.K. MURALEEDHARAN NAIR ... Petitioner
2. MANOJ, S/O. P.K. MURALEEDHARAN NAIR,
3. REMADEVI, W/O. P.K. MURALEEDHARAN NAIR,
4. DEEPTHI, D/O. P.K. MURALEEDHARAN NAIR,
5. DEEPA, W/O. MANOJ, AGED 26 YEARS,
Vs
1. NAMITHA, D/O. N.VIJAYAKUMAR,
... Respondent
2. N.VIJAYAKUMAR, S/O. NEELAKANTA PILLAI,
3. STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.MILLU DANDAPANI
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :11/08/2008
O R D E R
R.BASANT, J
------------------------------------
Crl.M.C. No.3016 of 2008
-------------------------------------
Dated this the 11th day of August, 2008 ORDER
Raj Kumar Makkad
(Expert) 25 March 2013
Good citation referred by Bhadra on this subject. There are many judgments in support of this legal provision.
