In a DVC case in a Metropolitan Magistrate Court, is it essential that the Respondents / Defendants to attend the court for each posting. What are the Court norms / rules .What is the relevant section dealing the subject.
B S MURTHY 13 June 2017
In a DVC case in a Metropolitan Magistrate Court, is it essential that the Respondents / Defendants to attend the court for each posting. What are the Court norms / rules .What is the relevant section dealing the subject.
Sachin (N.A) 13 June 2017
Presence of all the respondents is not necessary.
Respondents other than husband may file Application u/sec.205 Cr.P.C. "Magistrate may dispense with personal attendance."
Even if court refuse to allow application of 205 CrPC, other respondents may not appear. Court cannot issue warrant against respondents
Only husband needs to appear on every hearing.
B S MURTHY 13 June 2017
If the husband fails to attend the court on various dates, what is the recourse as per law?
Arjun 13 June 2017
Either the husband(R1) or the Legal counil has to represent. On the absence of R1, ned to submit the absence petition.
Judge can order for exparte order, if no representation.
Azhagananth (Lawyer) 14 June 2017
In Criminal court both should appear. Allowing petition U/S 205 is Discretion of the court.
Advocate Bhartesh goyal (advocate) 14 June 2017
cases of domestic violence are quasi civil nature so personal appearance of respondents are not necessary and they can give their appearance through counsel