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(Guest)

BW/NBW issued against the respondents in DV Act

can a JMFC issue NBW/BW against the Respondent in a matter pending before the JMFC in DV Act. however there is no breach of interim maintenance order. just respondent went outside india for his job. I learnt that an JMFC can proceed the matter ex parte if respondent not present.

 

seeks expert advice in this regard



Learning

 2 Replies

G.G.Shaikh Advocate M:9898038990 (lawyer)     14 February 2011

court cannot  issue NBW/BW against the Respondent in a matter of DV Act.  and you are absulatlye right JMFC can proceed the matter ex parte if respondent not present.

Joshi Dilipkumar Pragjibhai (ADVOCATE)     16 February 2011

no, not at all. our apex court had already decided this issue in matter of Inder  Mohan Goswamy v/s. State of  Utteranchal 2008. go through the same and yoy can get proper remedy for your problem.

 

dilipkumar p joshi.

advocate,

gujarat high court

09426217903

 


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