2020[3]APHC – DVC -GUIDE LINES

  1. Section 12(1) and 18,19,20 and 22 of the Protection of Women from Domestic Violence Act.-GUIDE LINES –
    i) Since the remedies under D.V.Act are civil
    remedies, the Magistrate in view of his powers under
    Section 28(2) of D.V.Act shall issue notice to the
    parties for their first appearance and shall not insist
    for the attendance of the parties for every hearing
    and in case of non-appearance of the parties despite
    receiving notices, can conduct enquiry and pass
    exparte order with the material available. It is only
    in the exceptional cases where the Magistrate feels
    that the circumstance require that he can insist the
    presence of the parties even by adopting coercive
    measures.
    ii) In view of the remedies which are in civil
    nature and enquiry is not a trial of criminal case, the
    quash petitions under Sec. 482 Cr.P.C on the plea
    that the petitioners are unnecessarily arrayed as
    parties are not maintainable. It is only in
    exceptional cases like without there existing any
    domestic relationship as laid under Section 2(f) of the
    D.V.Act between the parties, the petitioner filed
    D.V.case against them or a competent Court has
    already acquitted them of the allegations which are
    identical to the ones leveled in the Domestic Violence
    Case, the respondents can seek for quashment of
    the proceedings since continuation of the proceedings in such instances certainly amounts to abuse of process of Court.”