Non appearance of respondents, only counsel appear

Nothin will happen if respondent didn't appear.  Court may insist respondent's advocate to keep present the respondent. 

thank you adv rajeev

so do you mean to say the court can keep asking the respondents to be present for our lifetime?? wht if a divorce case has been registered simultaneously?? is there no way they can be brought before the honourable court?? if  the answer is negative then what use is the DV act??

Under Dv act the respondent can file an application for exemption of appearence.It is not even necessary for you to appear but your advocate can represent you and your presence would be required at the time of cross examination or when called for .

His advocate is enough to appear for his case . Only at the time of his cross examination the respondent is required or when called for .

i support my view with a citation .

HC: Under DV Act it is not statutory obligation of the respondents to
personally appear before the Court or to furnish bail bonds for appearance
Crl.Misc.No.M-25966 of 2008
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl.Misc.No.M-25966 of 2008.
Decided on: March 25, 2010.
Navrose Singh and others
.. Petitioners
VERSUS
State of Haryana and another
.. Respondents
***
CORAM: HON’BLE MR.JUSTICE M.M.S.BEDI ***
PRESENT Mr.Raghujeet Singh Madan, Advocate, for the petitioners.
Ms.Shubhra Singh, DAG, Haryana.
M.M.S. BEDI, J. (ORAL)
Petitioners seek quashing of proceedings under the complaint initiated by respondent No.2 Parminder Kaur, against the
petitioners under the provisions of the Protection of Women from Domestic Violence Act, 2005, inter alia, on the
grounds that the proceedings have been initiated with an oblique motive to aggravate the agony by adding another
litigation to the earlier cases filed by the respondent. Besides this, it has been argued that the ladies cannot be added
as respondents in proceedings under the Protection of Women from Domestic Violence Act, 2005, as per definition of
respondent under Section 2 (q) of the Act, which reads as follows: -
“respondent” means any adult male person who is, or has been, in a domestic relationship with the aggrieved person
and against whom the aggrieved …1
Crl.Misc.No.M-25966 of 2008
person has sought any relief under this Act: Provided that an aggrieved wife or female living in a relationship in the
nature of a marriage may also file a complaint against a relative of the husband or the male partner.”
I have heard counsel for the petitioners as well counsel for the respondent.
The summoning order Annexure P-1, indicates that the petitioners have been merely summoned and given a liberty to
either appear in person or through duly authorized counsel in the Court to show why the reliefs claimed by the
respondent should not be granted. It is made clear that under the provisions of the Protection of Women from Domestic
Violence Act, 2005, it is not statutory obligation of the respondents to personally appear before the Court or to furnish
bail bonds for appearance. The appearance of respondents under the provisions of the Protection of Women from
Domestic Violence Act, 2005, is not the requirement of law unless and until, the Court exercises discretion to direct the
parties to appear in person for some specific purpose. It is the wish of the petitioners either to appear in person or
engage a counsel and pursue the proceedings before the Judicial Magistrate, Dabwali. It is also open to the petitioners
to avoid the appearance on behalf of female respondents in the light of definition of respondent under Section 2(q) of
the Protection of Women from Domestic Violence Act, 2005, laid down in Ajay Kant and others Vs. Smt.Alka Sharma,
2007 (4) RCR (Crl.), Page 930. Disposed of.
(M.M.S.BEDI)
JUDGE
March 25, 2010.
rka
…2