WHAT ARE THE CONSEQUENCES IF THE HUSBAND ALLOWS A DOMESTIC VIOLENCE CASE TO GO EX-PARTE
Category: Domestic Violence
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WHAT ARE THE CONSEQUENCES IF THE HUSBAND ALLOWS A
DOMESTIC VIOLENCE CASE TO GO EX-PARTE
-Kishan Dutt Kalaskar
INTRODUCTION:-In India, an ex-parte order is a legal mechanism that has introduced the court to issue temporary relief without prior notice or presence to opposing party. This is often used in urgent circumstances such as, in domestic violence cases and more, in where immediate intervention is crucial to protect the victim from pernicious harm.
BACKGROUND:-The concept of this orders have been used in various legal contexts, which also includes property disputes and emergency injunctions. But, in the context of domestic violence, ex-parte orders are crucial for providing swift protection to victims who are at immediate risk of harm. The PWDVA was enacted to address the pervasive issue of domestic violence in India, providing the comprehensive legal framework to protect victims and ensure their safety.
PROVISION:-There are some provisions related to this, those are-
1. Section 23 under the protection of Women from Domestic Violence Act, 2005, empowers the magistrate to grant interim and ex-parte orders as deemed essential.
2. Section 18 of the said Act, addressed us with protection orders that can prohibit the respondent from committing any act of domestic violence, entering the victim’s place of employment or for communication.
3. Section 19 of the said Act, indicates the court to pass residence orders, which also includes restraining the respondent from dispossessing or disturbing the possession of the victim from the shared household etc.
CONSEQUENCES OF ALLOWING A DOMESTIC VIOLENCE TO GO EX-PARTE:-
· Issuance of ex-parte orders to benefit the petitioner,
· Temporary relief for effective outcomes,
· Allowing impacts on future proceedings etc.
CASE LAW:-There are some cases such as, S.R. Batra v. Taruna Batra (2007), the court held that a wife is entitled to claim a right over the residence of shared household, which also includes a house owned by the relatives of the husband. Another one is Hiral P. Harsora v. Kusum NarottamdasHarsora (2016), in which the court struck down certain provisions of the PWDVA, which has limited the definition of “respondent” to adult male members, thereby broadening the scope to include female relatives of the husband or male partner.
CONCLUSION:-The domestic violence cases are really a sensitive issues. Allowing it to go ex-parte can bring significant and immediate legal consequences for the husband. It is crucial for the respondent to participate in the legal process to present his side of the story and contest any allegations. Failure to do so can results in adverse orders that may affect his rights and obligations significantly. Engaging legal counsel and responding promptly to court notices is essential for ensuring a fair hearing and protect one’s legal interests.
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