PROCEDURE UNDER DV ACT
Arvind Singh Chauhan
(Querist) 13 March 2010
This query is : Resolved
Sir,
What is the procedure in DV Act about exemption of complainant or respondant and bail of respondant. Whether bail or exemption is necessary, if no How ? Please refer the provision or citation if any.
Parveen Kr. Aggarwal
(Expert) 13 March 2010
Proceedings under the DV Act are civil in nature and are like proceedings under section 125 of the Cr. P. C. Grant of bail or exemption is not necessary and both the parties may either attend in person or through their counsel.
Guest
(Expert) 13 March 2010
i do agree with parveen
Raj Kumar Makkad
(Expert) 13 March 2010
In case any interim direction is disobeyed by respondents then under section 31 of this act, criminal action means FIR can be got lodged by court against them so in that case personal presence of the parties is required otherwise no question os bail arises and complainant or the respondent both are not required to attend the hearings in person.
Arvind Singh Chauhan
(Querist) 13 March 2010
What is appropriate interpretation of-
Sec-28. Procedure.-(1) Save as otherwise provided in this Act, all proceedings under sections 12, 18, 19, 20, 21, 22 and 23 and offences under section 31 shall be governed by the provisions of the Code of Criminal Procedure, 1973 (2 of 1974).
(2) Nothing in sub-section (1) shall prevent the court from laying down its own procedure for disposal of an application under section 12 or under sub-section (2) of section 23.
If according to Sec 28(2) court ask for bail or exemption, are we bound? and if not fulfill the court's desire, whether respondant may be sent to jail.
Raj Kumar Makkad
(Expert) 13 March 2010
No. Citations have come up on this issue. Own procedure cannot be beyond settled legal procedure and courts now deal these cases similar to 125 cr. P. C.
