Proceedings under Section 12 of the Protection of Women from Domestic Violence Act, 2005 being essentially civil in nature, the Magistrate is empowered under Section 28(2) to adopt a procedure permitting examination-in-chief by way of affidavit; such course is legally sustainable and does not violate Cr.P.C. provisions.

advocatemmmohan

A. Protection of Women from Domestic Violence Act, 2005 — Section 12 — Nature of proceedings — Civil character — Though governed by Cr.P.C. under Section 28(1), reliefs under the Act are essentially civil, protective and remedial — Criminality attaches only upon breach of orders under Section 31 — Proceedings predominantly civil in nature.
(Paras 24, 25, 26, 29, 30, 32, 38)

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B. Protection of Women from Domestic Violence Act, 2005 — Section 28(2) — Scope — Enabling provision — Court empowered to lay down its own procedure for disposal of application under Section 12 — Non obstante clause gives flexibility to adopt procedure suited to expeditious disposal — Includes permitting evidence by affidavit.
(Paras 31, 32, 33, 34, 38)

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C. Evidence — Domestic Violence proceedings — Examination-in-chief by way of affidavit — Permissibility — Held, examination-in-chief of material witness can be tendered by affidavit in proceedings under DV Act — Cross-examination to be conducted in Court to test veracity — Not confined only to formal witnesses.
(Paras 22, 23, 33, 34, 36, 37, 38, 39)

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D. Code of Criminal Procedure, 1973 — Section 311 — Additional evidence — Test of relevance — Introduction of additional witness permissible if testimony relevant — Not to be rejected on ground of alleged filling of lacunae when testimony already known and relevant to adjudication.
(Paras 20, 21)

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E. Domestic Violence proceedings — Absence of list of witnesses under Section 204(2) Cr.P.C. — Not fatal where relevancy established — Essential consideration is relevance and necessity for just decision.
(Paras 18, 21)

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F. Interpretation of beneficial legislation — Domestic Violence Act — Liberal construction to advance object of statute — Court must adopt interpretation that furthers protection of aggrieved woman and ensures expeditious relief.
(Paras 24, 28, 29, 30)

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G. Ratio Decidendi — Proceedings under Section 12 of the Protection of Women from Domestic Violence Act, 2005 being essentially civil in nature, the Magistrate is empowered under Section 28(2) to adopt a procedure permitting examination-in-chief by way of affidavit; such course is legally sustainable and does not violate Cr.P.C. provisions.
(Paras 38, 39)

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Result

Petition under Section 482 Cr.P.C. dismissed — Order permitting examination-in-chief by affidavit upheld.
(Paras 39, 40)