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What is the Meaning of CALL with MPs in DVC Case?
24-Jul-2023 (In Family Law)
It means the court has 'called-(listed) the main Domestic Violence Case together with pending miscellaneous petitions (MPs) and that a Criminal Miscellaneous Petition (CRL. MP) is yet to be decided, so the trial is being held up until those applications are heard or disposed; you can seek early listing or move for expedition/relief (including invoking the right to speedy trial under Article 21). See the new criminal procedure code (BNSS) governing trial/listing and disposal of criminal applications. [https://www.indiacode.nic.in/handle/123456789/20099]. For the right to speedy trial and relief where trials are unduly delayed see Hussainara Khatoon v. State of Bihar. [https://indiankanoon.org/doc/1007347/] and Javed Gulam Nabi Shaikh v. State of Maharashtra (3 Jul 2024). [https://indiankanoon.org/doc/167668712/]. The new substantive and evidence laws (BNS and BSA) are also in force: BNS (penal code) [https://www.indiacode.nic.in/handle/123456789/21069] and BSA (evidence) [https://www.indiacode.nic.in/handle/123456789/21070].
In a divorce case, the term "Criminal Miscellaneous Petition (CRL MP) pending" refers to a legal request or application filed by one of the parties concerning criminal charges or complaints against the other party.
For instance, if a party has filed a criminal complaint for domestic violence or harassment, the accused may submit a CRL MP seeking bail or quashing of the FIR (First Information Report).
Since criminal proceedings and the divorce case may be interconnected, the court must evaluate both aspects before making a decision. A pending CRL MP indicates that the court has yet to decide on the application.
While divorce cases primarily address civil matters like marital dissolution, property division, and child custody, they may also involve criminal charges, leading to the filing of Criminal Miscellaneous Petitions.
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