Hi, is it necessary for respondents to appear in the DV case as well? my mother cannot walk, forget appearing in the case which is 1000 kms away, so is it ok if she doesnt attend?
sandeep (pvt service) 17 November 2015
Hi, is it necessary for respondents to appear in the DV case as well? my mother cannot walk, forget appearing in the case which is 1000 kms away, so is it ok if she doesnt attend?
yogendra (engineer) 17 November 2015
no need to attend.One can appear through counsel.
HIRAL THAKKAR (ADVOCATE ) 17 November 2015
no need to attend if it is for evidence stage, apply for commissioner to take evidence by placing proper grounds.
regards
Laxmi Kant Joshi (Advocate ) 17 November 2015
SAINATH DEVALLA (LEGAL CONSULTANT) 17 November 2015
In addition to what Mr.Joshi has mentioned,a disabled accused can pray to the court to exempt from personal appearance u/s 205 read with section 313 crpc.
Section 205 read with Section 313 of the Criminal Procedure Code. Section 205 deals with exemption from appearance and Section 313 pertains to personal examination of the Accused. It is thus logical conclusion that if an accused is personally exempted from appearance in a summons case then the need for his personal examination is dispensed with as well.
sandeep (pvt service) 17 November 2015
thank you sir, but as mr joshi said, my mother is in such a condition, that she has undergone a very major surgery, and she cant even come to court to apply for exemption as mr joshi said, and i fear for her life if she travels so far, so is it possible that the court can proceed to final stage including evidence without my mother and can i apply on her behalf...thanks
Sidharth 07 January 2016
Dear sandeep, All expert rightly advised you to file application of permanent exemption on behalf of your mother. You should also file APPLICATION TO DISCHARGE YOUR MOTHER as women cannot be respondent in DV Act case. I am sharing a judgement which may help you
https://iitbiimb498a.wordpress.com/females-cannot-be-respondent-dv-3/
Hope it helps...