domestic violence appearance petitioner respondent necessity

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S. Z. Zuhhairullah VS Farhana Begum @ Falak Naaz - 18 Jun 14

India - Madras

under the Protection of Women from Domestic Violence Act, 2005, alleging various acts of domestic violence by the first petitioner ... Domestic Violence - Protection Order - Section 12 of the Protection of Women from Domestic Violence Act, 2005 - Section 18(e), ... Final Decision: The Criminal Original Petition was dismissed, and the personal appearance of the second petitioner was dispensed ... made applicable, the application filed by the respondent before the Court under the provisions of the Domestic Violence Act is well ... As noticed above, the Act contemplates filing of an application and a domestic violence cannot be a singular incident, it may be ... Further, the Kerala High Court held that the contentions that the benefits of the Domestic Violence Act cannot be extended, since

E.Jozhi vs B.Meenatchisanchana @ Shaziya - 02 Jun 25

India - Madras

Domestic Violence Act and BNSS, 2023 4. ... The learned counsel appearing for the petitioners would submit that the first petitioner is the mother-in-law and the second petitioner

M.THANGAVEL vs N.GAYATHRI - 22 Dec 23

India - Madras

of the Case: The petitioners filed a petition to quash a Domestic Violence Complaint (DVC) filed against them by the respondent ... DOMESTIC VIOLENCE - QUASHING OF PROCEEDINGS - [Section 12 of the Protection of Women from Domestic Violence Act, 2005] Fact ... that the petitioners were not required to appear for every hearing, but that the Magistrate could direct them to appear if their appearance ... Personal appearance of the respondent(s) shall not be ordinarily insisted upon, if the parties ... The respondent herein filed DVC No. 128 of 2023 on the file of Special Court for Protection against Domestic ... The Special Court for Protection against Domestic Violence, Coimbatore.

N. JOSEPH VICTOR PREM KUMAR vs JENIPHA KINGSLIN - 18 Dec 23

India - Madras

Fact of the Case: ORDER These petitions have been filed to quash the Domestic Violence 1 India, to quash the Domestic Violence Complaint in D.V.C ... Personal appearance of the respondent(s) shall not be ordinarily insisted upon, if the parties

Jeyalakshmi vs Muthulakshmi - 29 May 24

India - Madras

The court found the Domestic Violence Act to involve civil proceedings, necessitating the petitioners’ appearance only when required ... Domestic Violence - Judicial Proceedings - Protection of Women from Domestic Violence Act, 2005 - Sections 12, 18, 19(1)(f), 19 ... Issues: The primary issue was whether the inclusion of the petitioners as respondents in the Domestic Violence complaint was ... Violence complaint to settle the scores of the first respondent. ... Violence complaint to settle the scores of the first respondent. ... and as such, the respondents in the Domestic Violence complaint cannot be considered as accused and there is absolutely no need

In Re: Suman Ghosh VS . - 10 Feb 17

India - Calcutta

Service of Notice - Domestic Violence - Sections 13, 23, 28 - Rule 12 - The court discussed the provisions of the Protection of ... Women from Domestic Violence Act, 2005, and the rules framed thereunder regarding the manner of service of notice on the respondent ... The court emphasized that service of notice upon the respondent may be at the place where he ordinarily resides or carries on business ... , or has committed an act of domestic violence or that there is a likelihood that the respondent may commit an act of domestic violence ... of the person alleged to have committed domestic violence, the nature of domestic violence and such other details which may facilitate ... ... (3) On a statement on the date fixed for appearance of the respondent, or a report of the person authorized

Felix Jerome VS Arockiya Preethy - 06 Oct 23

India - Madras

of the respondents' appearance in the Domestic Violence complaint proceedings. ... Domestic Violence Act - Sections 61 Cr.P.C. - Rule 12(2) of the D.V. ... , 19, 20, and 22 of the Domestic Violence Act against her husband and in-laws. ... , the fourth petitioner is the sister-in-law and the fifth petitioner is the brotherin- law of the first respondent. ... Since the petitioner, who filed the petition under the Domestic Violence Act, has been impleading not only the parents of her husband ... Personal appearance of the respondent(s) shall not be ordinarily insisted upon, if the parties are effectively represented through

Palaniammal vs Divya - 20 Dec 23

India - Madras

respondent and her husband, cannot be implicated in a domestic violence complaint. ... , were implicated in a domestic violence complaint filed by the first respondent against her husband. ... can be implicated in a domestic violence complaint. ... - law of the first respondent and that the third petitioner is the husband of the second petitioner. ... The first respondent has filed a petition under Sections 18, 19, 20, 21 and 22 of the Domestic Violence Act against the petitioners ... Admittedly, the second respondent is the husband, the first petitioner is the mother-in-law and the second petitioner is the sister-in

Chithrangathan VS Seema - 04 Sep 07

India - Kerala

Women from Domestic Violence Act, 2005 - Sections 23 and 29 - Code of Criminal Procedure, 1973 - Section 397 read with S.401 - Petitioner ... is the father of the 1st respondent, he challenged order passed by the Chief Judicial Magistrate in C.M.P. - When this revision ... came up for hearing, the learned counsel appearing for the 1st respondent raised a preliminary objection that this revision is not ... , or has committed an act of domestic violence or that there is a likelihood that the respondent may commit an act of domestic violence ... to the application is committing or has committed an act of domestic violence or that there is a likelihood that the respondent ... Since the revision petitioner, after entering appearance, had moved the Magistrate under S.25 of the Act for alteration of the order

Raja @ kattu Raja vs R.Sathiyapriya - 26 Feb 24

India - Madras

Act, asserting that many respondents had been unlawfully implicated, with no evidence of domestic violence presented by the respondent ... Domestic Violence - Constitution of India - Article 227; Domestic Violence Act - Section 12, 31, 29 - The court emphasized that ... Article 227 may be invoked in limited circumstances for challenges to proceedings under the Domestic Violence Act, primarily regarding ... The respondent has filed a petition under Section 12 of the Domestic Violence Act against her husband and in-laws. ... Admittedly, the first petitioner is the husband; the second petitioner is the mother-in-law of the respondent; the third and sixth ... Personal appearance of the respondent(s) shall not be ordinarily insisted upon, if the parties are effectively

Sakravarthi vs S.R.G.Jeyanthi - 27 Feb 24

India - Madras

Constitution - Domestic Violence - Article 227, Domestic Violence Act Sections 18, 19, 20, 22 - The court held that Article 227 ... Fact of the Case: A Civil Revision Petition was filed under Article 227 against proceedings in a Domestic Violence ... violence. ... - in-law of the respondent and that the fifth petitioner is the close relatives of the first petitioner. ... The respondent has filed a petition under Sections 18, 19, 20 and 22 of the Domestic Violence Act against the ... Personal appearance of the respondent(s) shall not be ordinarily insisted upon, if the parties are effectively

JANAKIRAMAN vs MANVIZHI - 11 Dec 23

India - Madras

DOMESTIC VIOLENCE - QUASHING OF PROCEEDINGS - [The court dismissed a petition to quash domestic violence proceedings, holding ... Issues: Whether the domestic violence proceedings should be quashed. ... Final Decision: The court dismissed the petition to quash the domestic violence proceedings. ... and as such, the respondent in the Domestic Violence complaint cannot be considered as accused and there is absolutely no need or ... The Hon'ble Full Bench has reiterated the legal position that the proceedings under the Domestic Violence Act are Civil in nature ... In all cases, the personal appearance of relatives and other third parties to the domestic relationship shall be insisted only upon

Thamilarasi vs B.Harithra - 27 Feb 24

India - Madras

a Domestic Violence petition claiming they were wrongfully implicated to cause harassment, with insufficient evidence of domestic ... Domestic Violence - Civil Procedure - Protection of Women from Domestic Violence Act - Sections 12, 18, 19, 20, 22, 31 - Court ... emphasized that judicial review under Article 227 is limited and cannot negate statutory remedies under the Domestic Violence Act ... Admittedly, the second respondent is the husband, the first petitioner is the mother-in-law and the third petitioner is the sister-in-law ... Personal appearance of the respondent(s) shall not be ordinarily insisted upon, if the parties are effectively ... In all cases, the personal appearance of relatives and other third parties to the domestic relationship shall be insisted only upon

SIVASELVI vs SUDHA - 08 Dec 23

India - Madras

DOMESTIC VIOLENCE ACT - QUASHING OF COMPLAINT - [The court held that the petitioners have not shown any legal ground or reason ... in the Domestic Violence complaint cannot be considered as accused and there is absolutely no need or necessity ... The Hon'ble Full Bench has reiterated the legal position that the proceedings under the Domestic Violence Act ... Personal appearance of the respondent(s) shall not be ordinarily insisted upon, if the parties

Rajiv Gandhi vs P.Pavitha - 13 Dec 23

India - Madras

domestic violence complaint filed against them by the respondent. ... DOMESTIC VIOLENCE - QUASHING OF COMPLAINT - [SUBJECT] - The court dismissed a petition to quash a domestic violence complaint, ... Issues: Whether the petitioners had shown any legal ground to quash the domestic violence complaint. ... Act are Civil in nature and as such, the respondent in the Domestic Violence complaint cannot be considered ... The Hon'ble Full Bench has reiterated the legal position that the proceedings under the Domestic Violence ... In all cases, the personal appearance of relatives and other third parties to the domestic relationship

Mariappan vs Ishwarya, - 07 Dec 23

India - Madras

, challenged the maintainability of a domestic violence complaint filed against them by the first respondent. ... Kunapareddy Swarna Kumari and another, which held that the personal appearance of the respondents in a domestic violence complaint ... DOMESTIC VIOLENCE ACT - ARTICLE 227 - JURISDICTION - Petitioners challenged the maintainability of a domestic violence complaint ... The first respondent has filed a petition under Section 12 of the Domestic Violence Act against her husband ... The third petitioner is the friend of the second petitioner and the second respondent is the neighbor of the ... Personal appearance of the respondent(s) shall not be ordinarily insisted upon, if the parties /span

D.Chandran vs Gengalakshmi - 14 Dec 23

India - Madras

DOMESTIC VIOLENCE - JURISDICTION - MAGISTRATE - [The Magistrate has no power or jurisdiction to issue any summons to a respondent ... The respondent, for herself and on behalf of her minor son, had filed a petition under Section 12 of the Domestic Violence Act against ... Violence Act, but Article 227 of the Constitution of India can be invoked. ... Since the petitioner, who filed the petition under the Domestic Violence Act, has been impleading not only the third respondent is the husband of the first respondent. ... In all cases, the personal appearance of relatives and other third parties to the domestic relationship

G.V.Vinoth Kumar vs Preetha - 22 Dec 23

India - Madras

DOMESTIC VIOLENCE - QUASHING OF COMPLAINT - [The court held that the revision petitioners have not shown any legal ground or reason ... Fact of the Case: The revision petitioners filed a civil revision petition to quash the domestic violence complaint ... and the respondent. ... The Hon'ble Full Bench has reiterated the legal position that the proceedings under the Domestic Violence Act ... are civil in nature and as such, the respondents in the Domestic Violence complaint cannot be of relatives and other third parties to the domestic /

S. LASHANTH vs ARIVOLI NANGAI - 15 Dec 23

India - Madras

Issues: Maintainability of domestic violence complaint against in-laws; Dispensing with personal appearance in domestic violence ... DOMESTIC VIOLENCE - QUASHING OF COMPLAINT - [SUBJECT] - The court dismissed a petition to quash a domestic violence complaint ... domestic violence complaint alleging harassment and denial of access to the matrimonial home. ... are Civil in nature and as such, the respondents in the Domestic Violence complaint cannot be considered as ... The Hon'ble Full Bench has reiterated the legal position that the proceedings under the Domestic Violence Act ... In all cases, the personal appearance of relatives and other third parties to the domestic relationship

MALATHI vs T.AMBIKA - 29 Nov 23

India - Madras

a domestic violence case. ... DOMESTIC VIOLENCE - QUASHING OF PROCEEDINGS - [The court held that the petitioner is entitled to approach the concerned Magistrate ... The petitioner claimed that she was unnecessarily harassed by the 1st respondent, who had filed a complaint against her alleging ... The Hon'ble Full Bench has reiterated the legal position that the proceedings under the Domestic Violence Act ... are civil in nature and as such, the respondents in the Domestic Violence complaint cannot be and other third parties to the domestic relationship

Appearance of Petitioner/Respondent - The courts generally hold that under the Domestic Violence Act, 2005, personal appearance of respondents is not always mandatory; parties can be effectively represented through legal counsel. The Act emphasizes that the proceedings are civil in nature, and the personal appearance of relatives or third parties is often dispensed with unless specifically required. Several judgments (e.g., Jeyalakshmi vs Muthulakshmi - Madras, M.THANGAVEL vs N.GAYATHRI - Madras, JANAKIRAMAN vs MANVIZHI - Madras) clarify that the personal appearance is not necessarily insisted upon if the parties are represented effectively, and the proceedings can be conducted without the respondent's physical presence.
Necessity of Petitioner/Respondent's Appearance - The necessity of personal appearance depends on the case specifics. In some instances, courts have dispensed with the appearance of respondents, especially when they are represented by counsel or when their presence is not essential for the proceedings (M.THANGAVEL vs N.GAYATHRI - Madras, Jeyalakshmi vs Muthulakshmi - Madras, JANAKIRAMAN vs MANVIZHI - Madras). Conversely, in cases where the respondent's presence is deemed necessary to establish facts or for effective hearing, courts may insist on personal appearance.
Contention on Implication of Respondents - Courts have observed that respondents in domestic violence cases are often not considered accused persons but parties to a civil proceeding aimed at protection, which influences the necessity of their personal appearance. Many petitions to quash or dismiss domestic violence complaints have been dismissed on the grounds that proceedings are civil and do not require the respondent’s physical presence unless specifically mandated (Jeyalakshmi vs Muthulakshmi - Madras, M.THANGAVEL vs N.GAYATHRI - Madras, JANAKIRAMAN vs MANVIZHI - Madras).
Legal Framework and Judicial Approach - The courts reiterate that proceedings under the Domestic Violence Act are civil in nature, and the law permits flexibility regarding the appearance of parties and their relatives. The Supreme Court and High Courts have emphasized that the personal appearance of third parties is usually not insisted upon unless necessary for the case (Jeyalakshmi vs Muthulakshmi - Madras, M.THANGAVEL vs N.GAYATHRI - Madras, JANAKIRAMAN vs MANVIZHI - Madras).
References & Summary - The main insights from various judgments highlight that:
Personal appearance of respondents is often dispensed with if they are represented or if their presence is not crucial (Jeyalakshmi vs Muthulakshmi - Madras, M.THANGAVEL vs N.GAYATHRI - Madras, JANAKIRAMAN vs MANVIZHI - Madras).
The proceedings under the Domestic Violence Act are civil and primarily aimed at protection, not criminal prosecution.
Courts have consistently dismissed petitions to quash or challenge domestic violence proceedings on grounds of unnecessary respondent appearance, reinforcing the civil nature of these cases.

Conclusion: The necessity of petitioner or respondent appearance in domestic violence cases under the Protection of Women from Domestic Violence Act, 2005, is generally flexible. The law prioritizes effective representation and civil proceedings, reducing the requirement for personal appearance unless the court deems it necessary for the case’s effective adjudication.

References: - Jeyalakshmi vs Muthulakshmi - Madras, M.THANGAVEL vs N.GAYATHRI - Madras, JANAKIRAMAN vs MANVIZHI - Madras, among others, consistently emphasize the civil nature of proceedings and the non-mandatory personal appearance of parties unless specifically required.