Personal Appearance Of Defendants Not Mandatory In Domestic Violence Case!

I fail to understand how, why and under what circumstances such personal appearance is insisted by the learned C.J.M. It is trite that even though proceedings under the Protection of Women from Domestic Violence Act, 2005 are initiated before a criminal court, the relief claimed is essentially and in its core, civil in nature. Evidently in the interests of expedition, the Parliament has thought it fit to entrust the responsibility of operating the Protection of Women from Domestic Violence Act, 2005 with the criminal adjudicatory structure. But that cannot evidently mean that the personal presence of the petitioners can, should, ought to or must be insisted by the learned Magistrate. If they do not appear and are not represented before the learned C.J.M, the worst consequence is only an exparte order. Unless their personal appearance is found to be necessary for any specific purpose and without specifying that specif purpose, the learned Magistrate should not insist on the personal presence of the petitioner. Ordinary on all dates of posting, they shall be permitted to appear through a counsel.