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Abstract

The judiciary that functions on the basis of evidence, witness, professional ethics, legal -judicial bounds and political interference often fails to understand the fact that truths, in certain cases, lay outside all these stipulations. While dealing with the cases, particularly cases related to domestic violence the judicial officers are limited by professional ethics, they may well aware of the fact that the truth of the case that they are handling is otherwise but they would act blindly towards that as they have to discharge their duty of judicial officers fearlessly to uphold the interests of their clients. The possibility of this is particularly more in the lower courts than in the upper courts as the cases of domestic violence are first dealt in these peripheral courts and only later they proceed, if the parties will, to the higher courts. Besides constitutional matters, the influence of the ‘local factors’ in the judicial resource are more in these courts than in the upper courts.

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