EXEMPTION TO DVA CONSPIRATOR

As replied to u. You may also get permanent exemption from district court or from High court for your non appearance. In her case court may grant her exemption depends upon her condition.

Regards

adv.kamal.grover@gmail.com

Sagar ji,

In case of proceedings under PDVA you are not an accused but is a respondent and therefore your personal appearance is not ncessary and you can be represented by your Advocate.  There is no need for filing an exemption application.  Please note you are not issued with any summons or warrant.  You are issued with a notice which says you may be represented by an advocate.

Mr. Sagar, You are not an accused in the proceeding under the Protection of women from Domestic Violance Act 2005, you are the respondent . These proceedings are civil in nature you should appoint an Advocate to defend your case before the court and your personal appearance is not compulsory unless you are directed to appear in person before the court. But never flout the order of court otherwise yu may be punished accoring to the provisions of Cr.P.C.1973. You have not made clear that under which sections proceedings are being conducted. However you know section 31 lays the provision for offence  and personal appeance can not be avoided but I think your case is not at this stage .

 Mr. Sagar Singh, there is provision under the code which is section 205 of the Cr.P.C for exemption from personal appearence may be filed as it is rightly said by our colleauge u please appoint an advocate in this regard. More so I the provisions of section 31 are came in to existence only when some relief has been granted to the aggrieved and the same is violated. Bhupender Sharma(Adv.)