Gujarat High Court held that the court can skip the procedure stipulated in the Domestic Violence Act. Courts have discretionary powers to evolve a new procedure.
The wife in the case had approached the court requesting to discard the examination in chief that was done through affidavits. This, as per her, should be conducted orally. It was rejected, as well as the Sessions Court had upheld that decision.
The petitioner had argued in the High Court that affidavits can’t substitute oral evidence.
Court referred to the decision of the Bombay High Court in Aniket Subhash Tupe v. Piyusha Aniket Tupe & Another. Court had held in this case that courts can bring in their procedures for disposing of applications.
It also quoted the decision in Manish Kumar Soni & Ors. Vs. State of Bihar and Anr by Patna High Court.
Based on the above decisions, the court upheld the verdict of the lower courts, stating that evidence can be furnished by affidavits and can deviate too from the procedure devolved, and can evolve its procedure.
Source: https://lawtrend.in/in-dv-act-case-the-court-can-allow-evidence-on-affidavit-gujarat-hc/
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