Domestic violence act

LEGAL-CIVIL CRIMINAL (Querist) 25 March 2014 This query is : Resolved
Domestic violence act has two provisions for procedure.

section 28 says CRPC is applicable while section 29 talks about appeal.

If CRPC is followed than there will be revision and limitation is ninety days and if section 29 is followed than limitation is thirty days.

Now our problem is that a revision is filed against procedural order of DV ACT case, can it be converted to appeal u/s 29 if otherwise within limitation., if there is objection by other side.

What procedure should be followed.

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Devajyoti Barman (Expert) 25 March 2014
Revision can always be converted into appeal provided the same is filed in sessions court, not in high court.

LEGAL-CIVIL CRIMINAL (Querist) 25 March 2014
what is the procedure for such conversion.

Devajyoti Barman (Expert) 25 March 2014
File an application. It will be done if the revision is filed in sessions court.

ajay sethi (Expert) 25 March 2014
agree with Mr barman

Rajendra K Goyal (Expert) 26 March 2014
Agree with the Expert Devajyoti Barman ji.

V R SHROFF (Expert) 26 March 2014
go for s 29 dv file in sessions as appeal

T. Kalaiselvan, Advocate (Expert) 27 March 2014
very properly advised by experts above, nothing more to add.

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