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Reply to section 12 of DV by respondents


07-Aug-2025 (In Divorce Law)
The DV complaints was filed against respondent's 1 to 5 including members of shared household (husband and in laws). Reply is filed only by husband and the other respondent's didn't file separate reply, or affidavit or verification. The husband has not put on record any authorization or power of attorney to file reply on their behalf. So this type of DV reply filing violates which CPC or CrPC? I know general practice is different than law sometimes yet it is a procedural misconduct.
Answers (3)

Answer #1
503 votes
In DV Act cases, Section 28(1) makes CrPC procedure mandatory unless the court orders otherwise under Section 28(2). Under Section 205 CrPC and Section 317 CrPC, each accused/respondent must appear and answer personally unless the court grants exemption. Their written statement/reply must be filed personally or through an authorised agent as per Order III Rules 1–2 CPC (recognised agents) and verified as per Order VI Rule 15 CPC. If the husband files for other respondents without a Power of Attorney or court authorisation, it’s a procedural defect and can be objected to. Case Law: In Aniket Subhash Tupe vs. Piyusha Aniket Tupe & Ors. (2018), the Bombay High Court (and upheld by SC in dismissal of SLP) held that DV proceedings are governed by CrPC and procedural requirements must be strictly followed. Summary Point: Each respondent in a DV case must either file their own reply or authorise another through a valid POA/court order — otherwise, the reply on their behalf has no legal validity.
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Advocate Vivek Vilas Sable

Adv. Vivek Vilas Sable

LawRato Pune | 25+ Answers
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Answer #2
573 votes
Yes it violates CPC orders, where a party is to be represented by a pleader (advocate), and where there are multiple parties, one person should at least show Power or Attorney or Vakalatnama from each respondents. If no authorization is showed by other respondents, then objection can be filed before the Court stating that since there is no authorization attached for the other respondents, the reply (filed only by husband without POA) cannot be considered for other respondents. if they still dont file, the Court may be requested to proceed against them Ex-Parte. All The Best.
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Advocate Nirmiti Karekar

Adv. Nirmiti Karekar

LawRatoMumbai | 25+ Answers
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Answer #3
813 votes
Yes. Under the Code of Civil Procedure (CPC), 1908, you cannot represent another person or file a reply on their behalf without proper authorization. Doing so can invalidate your filing and may expose you to penalties.
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Advocate Pankaj Bajaj

Adv. Pankaj Bajaj

LawRatoMumbai | 1000+ Answers
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