The DV Act provides that the aggrieved person may approach not only the Magistrate but also the Civil court, Family court or any other courts and seek reliefs including protection orders, residence orders,monetary reliefs,custody orders, and/or compensation orders. The D.V. Act has been enacted to provide a remedy in Civil Law for protection of women from being victims of domestic violence and to prevent occurrence of domestic violence in the society.
The Protection of Women from Domestic Violence Act, 2005 is essentially a civil law, but the legislation has prescribed that courts have to proceed in such cases as per the Criminal Procedure Code (CrPC) for the purpose of effective actions.
IPC 498a was made to protect a woman from injury to life or limb, or mental harassment to the extent to drive her to suicide. All problems in marital life do not attract 498a, to the extent made clear in this SC judgment too. 498A IPC is a pure criminal offence in which punishment is awarded to the offenders. 498A is a criminal offence that came into existence to combat domestic violence and protect women from dowry harassment
Section 498A IPC therefore, provided women with the only means for such protection prior to this Act. But the reluctance of women to approach the criminal justice system and the inadequacy of the criminal remedy itself are important realities of our social context.
In your case the notice was send from the court and counsel for respondents appeared before the court in CV case. If it is a case under 498A, the respondent (accused) bound to take bail. That is the difference here. At the time of giving evidence their presence is important other wise they become called exparty and order passed by the court if you will adduce ample evidence according to your case. Your lawyer is right is at this extent.But your husband must file his counter to your petition before the court.So kindly advice your advocate to press the interim reliefs and draw attention of the court to the above said facts .