DV Case

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file a case under the IPC and for the present case, ask your lawyer to get an ex parte order and end the matter

The following news item is useful. It is wisdom of the Magistrate to take drastic steps of issuing WARRANT. SEEK FOR THE SAME. YOUR ADVOCATE MUST INSIST FOR WARRANT OR DISTRESS WARRANT THAT IS TO RECOVER THE AMOUNTS CLAIMED BY YOU IN YOUR COMPLAINT. Domestic violence case: Man fails to turn up in court, arrested TNN | Jul 27, 2011, 03.57 AM IST PUNE: The Swargate police on Monday night arrested a man on a non-bailable warrant issued by a magisterial court, seeking his presence in a domestic violence case. On Tuesday, he was produced in the court of judicial magistrate first class Umeshchandra More, who ordered his release on a personal bond of Rs 10,000. The man, his mother and brother, are respondents in the case filed by the man's wife (names withheld), seeking compensation under the Protection to Women from Domestic Violence Act, 2005. On Monday, when the case came up for hearing, the husband did not turn up before court. Lawyer Vijay Supekar, representing the woman, filed a plea to issue a warrant against her husband. More considered the plea and issued the warrant, following which the police arrested the man from his Guruwar Peth residence and produced him before court on Tuesday. The husband's lawyer, Pradeep Chitale, told TOI that he had filed an appeal in the district and sessions court challenging the court order of issuing a warrant against his client after receiving the certified copy. Chitale said the court had issued a warrant only against his client and not the other respondents even though they had not turned up in court on Monday either. Citing section 125 of the Criminal Procedure Code, the court should have issued a distress warrant against the husband, Chitale said, adding that there was no provision for issuing an arrest warrant under the Domestic Violence Act. More has directed the husband to pay a compensation of Rs 25,000 before the court by August 9. According to Chitale, his client had deposited Rs 5,000 on July 16.

Judge also cannot issue arrest warrant for their non appearance.. He/She can only set exparte..

I understand ur stress.. but u need to know one thing.. Proceedings under DV Act are not criminal but a civil one.. though it sounds like criminal case, it is only a civil case like a property suit.. You cannot enforce the appearance of the respondents.. if they not attending u can get exparte order against them.. In other side u also need not appear every hearing.. ur advocate presence is enough... You can file some other criminal case, if such criminal occurrence happened.. for further assistance private chat or Whatsapp to 9865091700..