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We have all heard about giving interim orders exparte. But can a final order be given exparte.
The law of Protection of Women from Domestic Violence Act is an enabling or beneficial legislation. It cannot be the law that the petitioner shall wait for a long time to help the counter petitioner to come and approach the court in the time as he pleases. The answer is here:
After a petition is filed under Section 12, notice has to be served to opposite party as stated in Section 13. What will happen if the respondent not appears. It can be due to any reason. Proper service not effected as he was not in station or evading service or for any other reason. What is the remedy of the petitioner. Can the Court straightaway pass final orders on the application. Here the rules of the law comes handy. The Protection of Women From Domestic Violence Rules in Rule 6(5) says that the applications under Section 12 shall be dealt with and the orders enforced in the same manner laid down under Section 125 of the Code of Criminal Procedure. So we must take recourse to the proceedings under Section 125 and allied provisions to see whether anything has been said about service of notice. Here it can be seen that Proviso to Section 126 of the Code says that the Magistrate can make any order exparte if he is satisfied that the respondent is wilfully avoiding service, or wilfully neglecting to attend the court. Thus the point is clear now. It must be satisfied that the respondent is wilfully avoiding service or neglecting to attend the Court. So inorder to come to such conclusion proper service of notice is necessary as per law. Now we can take recourse to Rule 12(2) of the Rules. The clauses a to d of the said sub-rule very clearly says that for serving notices under Section 13 or any other provisions of the Act, the provisions under Order V of the CPC of the provisions under Chapter VI of the CrPC as far as practicable may be adopted. Now clause (d) says that any order passed for such service of notices shall entail the same consequences, as an order passed under Order V of CPC or Chapter VI of the CrPC.
Now the answer is clear. Order V of CPC and Chapter VI of CrPC details about serving of notices and its methods and consequences. On going through these provisions it can be noted that there are different methods to ensure proper service of notice and to help the Court arrive at the conclusion that notice can be presumed to be served upon the respondent. Hence the Court can post the case for taking exparte evidence of the petitioner and pass final orders when the petitioner gives evidence.

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  1. Domestic Violence is the biggest issue in every country. Many Women are suffering from Domestic violence. Nice to read about this blog. Nice information in this blog. Summary is full describe in this article. Thanks for sharing.
    Professional Legal Network

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  2. DV act is an effective tool to dealt with atrocities on women but this tool is still being misused don't you think it shouldn't at least a message by women to women who cleverly takes advantage of to ruin husband's family and specifically to old parents whom has nothing to do with but their only fault is that they are living under same house either self owned or shared.

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  3. Incorrect interpretation of Matrimonial home is rampant in civil suits filed against in-laws, I failed to understand that when already Honorable Supreme Court in many judgement's cleared every doubt by saying that only shared household/property in the name of husband can be enforced but self purchased property of father-in-law cannot be called in question then Why cases are still being filed isn't a sin committing on innocent lives, parents, small children,daughters and who is responsible for making such drafting? or need to make law to punish parents who solemnize marriage of their children with fervor after decades of waiting deserves such punishment i.e. running in courts in their evenings or ideally lets think being practical if anyone with whom we are not okay to live it is far better to live separately instead of giving chance to someone making money on our woes instead of giving them chance to waste our precious moments of life on dates where contrary we can do many things to beautify our life.

    It is sorry to note that section of women are misusing Dowry/D.V act which can be controlled if you take up this matter to right platform. It will do nothing but bring defame to image and fear to youths who are genuine and really wants to settle their life with good match but scared and I believe that no one can better understand this situation except you being women.

    ReplyDelete
  4. Incorrect interpretation of Matrimonial home is rampant in civil suits filed against in-laws, I failed to understand that when already Honorable Supreme Court in many judgement's cleared every doubt by saying that only shared household/property in the name of husband can be enforced but self purchased property of father-in-law cannot be called in question then Why cases are still being filed isn't a sin committing on innocent lives, parents, small children,daughters and who is responsible for making such drafting? or need to make law to punish parents who solemnize marriage of their children with fervor after decades of waiting deserves such punishment i.e. running in courts in their evenings or ideally lets think being practical if anyone with whom we are not okay to live it is far better to live separately instead of giving chance to someone making money on our woes instead of giving them chance to waste our precious moments of life on dates where contrary we can do many things to beautify our life.

    It is sorry to note that section of women are misusing Dowry/D.V act which can be controlled if you take up this matter to right platform. It will do nothing but bring defame to image and fear to youths who are genuine and really wants to settle their life with good match but scared and I believe that no one can better understand this situation except you being women.

    ReplyDelete

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