SC on DV Act: Physical Presence Not Necessary in Domestic Violence Act Proceedings, Says Supreme Court While Quashing Magistrate's Order To Extradite Husband From US
Elaborating further, the apex court said that such proceedings have no penal consequences except when there is a breach of a protection order under Section 31 of the Act. In the said case, several proceedings were lodged against the appellant (husband) and the respondent (wife) against each other.
On February 20, the Supreme Court said that in proceedings under Domestic Violence, there is no requirement for a party to be personally present as such proceedings are quasi-criminal in nature. Elaborating further, the apex court said that such proceedings have no penal consequences except when there is a breach of a protection order under Section 31 of the Act. In the said case, several proceedings were lodged against the appellant (husband) and the respondent (wife) against each other. As a result of such proceedings, the appellant's passport, who was residing in the USA, was impounded. In one such case of domestic violence against the appellant, his mother and five other relatives, a notice was issued to the appellant. However, the court directed authorities to initiate the extradition process when the matter was listed again, and the appellant was not present. ‘Dowry Demand Not Needed to Invoke Cruelty Charge Against Husbands’, Says Supreme Court.
Such Proceedings Are Quasi-Criminal in Nature, Says SC
Physical Presence Not Necessary In Domestic Violence Act Proceedings : Supreme Court Quashes Magistrate's Order To Extradite Husband From US |@khannagyanvi https://t.co/HQxYkQ8Sxc
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(The above story first appeared on LatestLY on Feb 23, 2025 03:17 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).
