The Jammu & Kashmir and Ladakh High Court has held that Magistrate cannot issue warrant upon non-appearance of party in a Domestic Violence case and the proceedings are to be run ex parte.

The Court was considering a Petition challenging issuance of non-bailable warrants against him in a proceedings under Protection of Women from Domestic Violence Act.

The bench of Justice Sanjay Dhar held, "It is a settled law that the proceedings under DV Act are quasi criminal in nature and an application under Section 12 of the said Act filed by an aggrieved person is not a criminal complaint. Therefore, if the respondent in an application under Section 12 of the said Act does not appear before the said court despite service of summons, the only course open to the Magistrate is to proceed ex parte against him and not to issue warrants for securing his personal presence, unless any offence as defined under DV Act has been committed by the respondent. Issuance of warrants against the petitioner by the learned trial Magistrate is, therefore, not sustainable in law, the same deserves to be quashed."

The Petitioner was represented by Advocate Faisal Javid.

The Court also held that the Petitioner's other grievance that the matter is not being referred to mediation or that he is not being provided certified copies of certain orders/documents needs to be looked into by the learned trial Magistrate in accordance with law.

Cause Title: Rizwan Yousuf Qazi v. Shaziya Shah

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Jammu & Kashmir and Ladakh High CourtJustice Sanjay Dhar

Sheetal Joon