Domestic Violence--Dismissal In Default--Magistrate Has Inherent Power to Restore Petition Dismissed for Default Upon Sufficient Cause
A Magistrate exercising jurisdiction under the Protection of Women from Domestic Violence Act, 2002 has inherent power to restore a petition under Section 12 that was dismissed for default, upon sufficient cause being shown. Though Section 28 of the DV Act provides that proceedings shall be governed by the Code of Criminal Procedure, sub-section (2) thereof permits the Magistrate to lay down its own procedure for disposal of applications under Section 12. Proceedings under the DV Act are predominantly civil in nature, and the Magistrate may adopt flexible procedure to give effect to the welfare purpose of the legislation. The power to dismiss for default carries with it the inherent power to restore.
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