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Ch 6. Proceedings and summons in CrPC 125, DV Act

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Sequence of steps in court in CrPC 125 or DV Act

Following are the general steps taken in a case under CrPC 125 or DV Act.

  1. Application filed in front of magistrate court (DV Act) or family court (CrPC 125). When wife files DV or CrPC 125 case, she is the applicant.

  2. Summons are sent to respondent/you.

  3. You/your lawyer appear at first hearing and lawyer files vakalatnama which authorizes him to represent you.

  4. Possible that judge may sent the parties to mediation. It is more likely to happen if one or both parties ask for mediation.

  5. Mediation fails or whatever else happens there, but case is not withdrawn by wife.

  6. Written statement, or commonly called objection to be filed by respondent/you.

  7. Framing of issues

  8. Trial starts. Evidence by wife and her witnesses, then cross-exam of witnesses by respondent's/your lawyer.

  9. Evidence by respondent/you, then your cross exam by opponent lawyer.

  10. Arguments by both lawyers.

  11. Order/Judgment.

  12. Appeal/Revision etc in same or higher court if any party challenges the order.

Interim orders for maintenance or other reliefs, will be done usually within first 2 steps. Of course, it is entirely possible to file an interim application (IA) at any point of time to change an existing interim order, or pass a new interim order, and it may get taken up if considered priority by the judge.

CrPC 125 proceedings are quasi-civil and quasi-criminal

CrPC 125 is part of code of criminal procedure, and the intent of putting it in criminal code was that to prevent destitution of women/children/parents abandoned by a man responsible for them. If he didn't pay the ordered maintenance, he could be put in jail if that was what was needed to put some fear of law in minds of people. But for all other purposes, it is like a civil law since there is no provision for punishment if one is paying the ordered maintenance regularly. An excerpt from judgment below captures it quite well.

http://indiankanoon.org/doc/868189/

5. At the outset, I have to state that a proceeding under Section 125 Cr.P.C. is quasi civil and quasi criminal. In so far as it decides the civil rights of the parties to claim maintenance, it is civil in nature. When the order is not obeyed by the person against whom the same has been made, then the court is empowered to impose a punishment of imprisonment of one month for each breach. To that extent, the proceeding is criminal. To put it comprehensively, I have to state that the proceeding is quasi civil and quasi criminal.

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