DV Act is basically a civil case
The proceedings under the Protection of Women from Domestic Violence Act, 2005 (DV Act) is basically civil in nature. Therefore there is no requirement for a party to be personally present as such proceedings are quasi-criminal in nature, says the SC in Vishal Shah v Monalisha Gupta & Others.
The SC adds that such proceedings have no penal consequences, except when there is a breach of a protection order, under Section 31 of the D V Act.
But its form is criminal in nature
Thar means, the basic proceedings under are purely civil in nature though the Parliament had consciously empowered judicial magistrates to adjudicate the rights of victim women by predominantly adopting procedures prescribed under the Code of Criminal Procedure (CrPC), as Madras High Court held Dr.P.Pathmanathan v Tmt.V.Monica.
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