bhanudassss (service) 10 June 2010

filing affidavit in domestic violence case

After written statement of respondent under which provision of CrPC affidavit of complainant is filed in domestic violence case?

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Devajyoti Barman (Advocate) 10 June 2010

After tyhe filing of the complaint u/s 12 of the DV Act , there is no provision for filing the complaint for the second time though the petitioner can file petition for other relief which is left to be mentioned in the complaint u/s12 of the Act.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA) 14 June 2010

Rightly suggested by Mr. Barman.

Ravikant Soni (LAWYER IN JAIPUR) 17 June 2010

In Cr.P.C. no provision for filing affidavits as a proof of any fact but when evidence is of a formal character then affidavit may be filled. The provision in Cr.P.C. is -

296. Evidence of formal character on affidavit.-

(1) The evidence of any person whose evidence is of a formal character may be given by affidavit and may, subject to all just exceptions, be read in evidence in any inquiry, trial or other proceeding under this Code.

(2) The Court may, if it thinks fit, and shall, on the application of the prosecution or the accused, summons and examine any such person as to the facts contained in his affidavit.

In DV act for grant of an interim exparte order affidavit needed u/s 23(2) of DV act.

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