A single judge of Punjab and Haryana High Court passed the following guidelines
From Para 10,
10. This Court has observed that everyday petitions are filed before this Court under Section 482 Cr.P.C assailing petition filed under Section 12 and notice under Section 13 of DV Act. It has further been noticed that parties are filing revision petition under Section 397/401 Cr.P.C. against order passed by Appellate Court under Section 29 of DV Act.
In view of judgments of Hon’ble Supreme Court, Full Bench of Madras High Court and with intent to minimise litigation especially against distant and sundry relatives, before parting with this judgment, this Courts finds it appropriate to issue following directions to Magistrates posted within the jurisdiction of this Court:
(i) In case of petition under Section 12 of DV Act, all the respondents may not be mechanically issued notice under Section 13 of DV Act. Notice at the first instance may not be issued to distant relatives. The Magistrate is expected to apply his mind qua distant and sundry relatives of the respondents arrayed by aggrieved person.
(ii) The presence of respondents may not be required where respondents are represented through counsel;
(iii) In case application is filed by the respondents on the ground of jurisdiction or maintainability or deletion from array of respondents, the Magistrate is expected to pass an appropriate order;
(iv) In case an application is filed seeking alteration, modification or revocation of order passed under the Act, the Magistrate in terms of Section 25 of DV Act is expected to pass an order, if parties are able to show change of circumstances.
11. Disposed of in above terms.
12. The Registrar General of this Court is directed to circulate copy of this judgment to all District and Sessions Judges of Sessions Divisions, which are falling within jurisdiction of this Court.
Jaspal Kaur alias Pinki and Ors Vs State of Punjab and Anr on 24 Apr 2023
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Index of DVC Judgments is here.