LAKSHMANAN Vs. SANGEETHA

JUDGEMENT

(1.) THE revision petitioner herein is the respondent in proceedings in M.C.No.11 of 2008, on the file of the Judicial Magistrate-I, Panruti, and the respondent herein filed an application before the learned Magistrate under Section 12 of the Protection of Women from Domestic Violence Act, 2005, seeking certain reliefs.

(2.) IN the proceedings, the respondent herein to examine herself as P.W.1 by way of giving evidence, filed a proof of affidavit. At that stage, the petitioner herein filed a memo of objection stating that there is no provision either in the Criminal Procedure Code or in the INdian Evidence Act to file an affidavit as a substitute for the oral evidence. The objection memo was dismissed by the learned Judicial Magistrate-I, Panruti. Aggrieved by the said order, the petitioner herein has preferred this criminal revision petition.

(3.) THE learned counsel for the respondent further submitted that as per Section 28 of the Protection of Women from Domestic Violence Act, 2005, the normal procedure to be adopted is governed by the provisions of Code of Criminal Procedure, but under Section 28(2) of the Act, the Court can lay down its own procedure for disposal of an application under Section 12 or under sub-section (2) Section 23 of the Act. THE right to give evidence on affidavit had been introduced even in the Code of Civil Procedure in the year 2002 itself.