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Vakalatnama in dv case

(Querist) 29 May 2012 This query is : Resolved 
Hello Experts,

I am respondent in DV case. In my DV case there is a first date and i need to put vakalatnama. There are multiple respondent included in the case.

Is it necessary for all respondent to be present in the first date ?

Cant we sign vakalatnama in advance and then on let counsel represent us from first date itself ??

Please suggest.

ajay sethi (Expert) 29 May 2012
you can obtain signatures on vakaltnama in advance and file it on first date . make an application for exemption on behalf of respondents not present on first date .
Shonee Kapoor (Expert) 29 May 2012
The presence of the accused is not mandatory, unless asked by the court.


Regards,

Shonee Kapoor
harassed.by.498a@gmail.com
R.K Nanda (Expert) 29 May 2012
Agree with experts.
Never Give Up (Querist) 29 May 2012
Thank you experts.
Never Give Up (Querist) 30 May 2012
Thank you Experts.
sibasish pattanayak (Expert) 02 June 2012
hi never give up,
in DV PROCEEDINGS there is no need to file VAKALATNAMA, as the application u/s, 12 or 23 of P.W.D.V.ACT 2005 before the JMFC is NOT AT ALL A CASE AGAINST HE RESPONDENT SO your advocate or pleader may represent you or yours only on the basis of a written appointment.
i respectfully disagree with the EXPERT SHONEE KAPOOR, OVER THE WORD " ACCUSED " as in DV APPLICATION THER IS NO SUCH PROVISSION OF ACCUISITION AGAINST THE RESPONDENT , ONLY INFORMATION VIOLENCE OR APPREHENTION OF VIOLENCE UPON THE AGGREAVED . for such reason in this act ther is no such provision for punishment , provided that only breach of protection order attracts penal provision u/s. 31 of p.w.d.v.act 2005.
regards,
sibasish pattanayak, Advocate, 09874854594 / 09874080022 / 09477090999.


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