DVA2005

Court has rightly proceeded exparte. It is the court only who can issue warrnt against her. You can file application for impounding of her passport.As such you personally do not have power to bring her to court. 

Originally posted by : KalpanaTirupur
	Dear sir, Starting from dowry harassment, asking my full salary I was being mentally tortured and physically abused many times by my in laws and husband. In laws used to screw my husband in asking my salary and jewels. Assaulted tried to murder me many times me many times so we had to file a police complaint in local police station. And further filed DVA2005 now the problem is my mother in law was purposefully avoided receiving summon from court and finally she received summon but did not appear even after receiving it. So court gave ex parte for her. And we came to know that mother in law planning to go abroad. Now my question is how can we bring her to court because she is not appearing even after magistrate gave ex parte. Is it possible to issue warrant against her and to block her passport? She is the main accuse in my case. How can we bring her to court she is trying to escape is the big question now.Please let me know if any section in dva supports. Please help me here.

In DV act court can issue only ex-party orders and not warrant. And because court has issued exparty orders she need not to appear before the court.  

Your mother in law is NOT an accused in DV Act she is RESPONDENT in the case and court cannot impound her passport in DV Act.

Forgot to mention, as you stated that you are working, court will not allow any maintenace to you. It will be better not to waste your time and money in wandering in court. Better settle the matter.

Originally posted by : KalpanaTirupur
	Hello Sachin sir, when a person received summon from court purposefully not appearing in court even after receiving ex parte order why can't she be punished for not obeying the court order? And further she is the main culprit in our case every incident happened by her. She beaten me tortured me for dowry and many things so she has to appear for my justice. How court will proceed investigation without the main accused that's my mother in law? We seek court and you to get our justice only. So it would be good if u can give a responsible answer or suggestions instead of saying like don't waste ur time

Dear KalpanaTirupur,

Truth is always bitter, let me explain you the real legal situation.

In DV Act if person doesn't appear before court after recieving summons court can only issue exparty orders ( which is already issued in your case ). Exparty order means case will proceed without presence of your mother in law.

Further you asked about how investigation will move. In DV Act there is no investigation, because it is a complaint case and not criminal case. That is why i mentioned in my earlier post that your mother in law is not accused she is respondent.

Further, even if you able to prove the allegations because there is no opposite party present in case proceedings, you can only seek monetary compensation and not punishment. And for compensation you also need to prove your calculation behind the compensation

That is why i suggested do not waste your time and money.

Yes, you are right I'm not lawyer. You may ignore my post.

My only purpose on this forum is to guide people.

At last its your life, your decision.

One last suggestion read the DV Act yourself  and/or go to the website of the court where your case is pending download all the judgements given by the court and read them 

Originally posted by : KalpanaTirupur
	Dear Sachin sir, Thanks for your valuable time and reply But what I feel is you could have suggested how to proceed to get justice instead of demotivating me that no punishments in dva. You could have suggested some things to get justice. Of course it's my life that's why I am not going to leave this case with just a beggars compensation money. I purely need justice so that they won't repeat this again. I will find a way. Once again heartfelt thanks for your valuable time.

Originally posted by : KalpanaTirupur
	Sachin sir.,Did u learn law and serving in court? It doesn't look like u have learnt law and advising. Looks like you are simply sitting at home and giving false advices. Please provide me ur role no if you are seriously an advocate. From next time on I can ignore ur msgs from this forum

You yourself stated that i don't know anything about law then How can I suggest you something?