A single judge bench at Meghalaya HC held that, since a DVC is civil in nature, not to insist for personal appearance of respondents for each and every adjournment.
From Paras 30 to 32,
30. However, before parting, this Court is made to understand that the petitioner is willing to continue in the proceedings before the learned Magistrate provided that he is not made to appear personally before the court on each and every date the matter is fixed, but to cause appearance only through counsel and that steps like issuance of a warrant of arrest may not be taken against him. The learned counsel for the respondent has fairly conceded to this and has even submitted that though the manner in which the Magistrate proceeds is not in within the control of the respondent, time and again, the learned counsel has impressed upon such courts to take proper recourse in such cases.
31. Accordingly, the learned Magistrate(s) dealing with cases under the Protection of Women from Domestic Violence, Act, 2005 would take note that proceedings initiated under Section 12 seeking reliefs under Sections 18 to 23 are civil in nature.
32. When an application seeking one or more reliefs that are found under Sections 18 to 23 of the DV Act, upon service of notice as required under Section 13 of the said Act and upon making appearance by the respondent either in person or through his counsel is filed, the court shall not insist for their personal appearance for each and every adjournment.
Abhishek Agarwala and Anr Vs Smti Komal Poddar on 01 Mar 2023
Citations:
Other Sources:
The index of DV cases is here.
Shades of Knife
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