HARMONIOUS INTERPRETATION

Yes, he can ignore anything, as long as it is decided in favour of woman, and it will be  valid. To do favour to a woman he has to closed one of his eye and may be even total blind to letter of the laws.

Sir, Harmonious interpretation of both the sections will be that Magistrate can alter the procedure followed in CrPC and relay on his own. DV Act has given extraordinary powers to Magistrates.

Yes, Suchitra, extra Ordinary Power in favour of woman. The whole world knows about this DVA.

If the extra ordinary powers are vested in s.28(2) then why 28 (1) should be in statute. Is 28 (1) it not redundant? Was this the intention of the legislature?

If this is the case then there is no harmony between 28(1) & 28 (2).  Suchitra ji - then it is a case of ambiguity.

And when there is ambiguity in the DVA 2005 it will go in favour of woman that is what the woman tribes wants it..

Sir I said,  extraordinary powers to magistrate under DVAct . Not for the particular section. Under the Act, you can see wide discretionary powers being granted to maigistrates while passing exparte orders, maitenance orders etc.  Ther is ambiguity.