manu (advocate) 05 August 2009

domestic violence contradictions

friends,

section 26 of the d.v.act is clear that the availability of other remedies is not a bar to make an application to magistrate under d.v.act.

but if any order of the competent court already passed in respect of custodial rights, whether the magistrate under d.v.act can order for the temporary custody of the child in favour of aggreived person???

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3 Replies

Ziaul Haque Ansari (Advocate) 05 August 2009

No the magistrate can not interfere with the order of a civil court

PRAKASHCHANDRA MARU (lawyer) 21 September 2009

civil court is different thing magistrate can not interefere in the order of the civil court

(Guest)

Proceedings under the domestic violence act is summary proceedings and therefore orders passed by magistrate under DV act can be interfered in civil proceedings after a full fledged trial and not vice versa as pointed out by others.