are domectic violence cases treated under criminal or civil

Be The Change

Are Domestic Violence cases treated under criminal or civil  court cases ?

Also if there is a clear evidence of Meticulous Planning  Of Trying  to Eliminate A person in Domestic Relationship, then does DV act  provide any punishment for the same  or  not ????

 
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Senior Partner

@ Author

1. The Bharat Ratna Act falls under civil deterent in guise of criminal provisions when defaulted upon.

2. As asked though wordings used by your kind self is quite heavy (hearing wise) but DV Act has such in-built provisions.

Suggest to consult a Ld. Advocate in your jurisdiction for discussing your versions of facts followed by preparing the suit to file if any.

 
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Many may differ but it is one of the best laws made for the welfare of the woman, keeping in view of the vulnerable condition a woman lives husband's (matrimonial) home.

Now, definitely it is a civil law. But it is operated on Criminal law forum as civil law forum has cumbersome process and takes much longer time to the needy citizen.  In criminal law forum, the procedure is simple and the time takes to dispose off the case is relatively shorter.  As it is civil law, the evidence can be led by an affidavit and also the quality of evidence required is proponderance of probability unlike "beyond reasonable doubt" required in criminal law.

Now, "there is a clear evidence of meticulous planning of trying to eliminate a person in domestic relationship", approaching the issue through DV Act is not appropriate remedy.  This act of offence comes within the purview of Section 498-A and also "attempt to murder" under Section 307 of IPC.  The proper procedure is to invoke criminal jurisdiction instead of the jurisdiction of DV Act, where the relief is maintenance, recovery of stri-dhan, shared household, compensation etc. and the latter does not meet the ends of justice.


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Senior Partner

@ Ld. Prabhakar

aap dhanya hai ha ha means your take is perfect but it amazes me seeing your zeal on women issues here but that is besides the point.


I intentionally avoided her main quote / un quote but you made a bull out f it. Perfect answer.

 
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UNEMPLOYED

Are Domestic Violence cases treated under criminal or civil  court cases ?

------      under criminal law, crpc applicable.

 

Also if there is a clear evidence of Meticulous Planning  Of Trying  to Eliminate A person in Domestic Relationship, then does DV act  provide any punishment for the same  or  not ????

------    clear evidence of Mallisious Planning let you free from the case.

hurre - this is the greatest achivement for a man.  

birth as a man in this country is the bigest sin & greatest crime.

 
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UNEMPLOYED

ms kaur, i hope you have got the pointed answer.

 
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Senior Partner

 

 

Originally posted by :Arup

"


Are Domestic Violence cases treated under criminal or civil  court cases ?

------      under criminal law, crpc applicable.

"

@ Arup

1. S. 151 CPC and various other procedures as per CPC applicable here and have been entertained my various Magistrate Courts while contesting DV Act.


2.
Only when Appeal and or Violation of any of the Protection Order U/s 31 DVA; CrPC comes into picture otherwise DV Act is simply Bharat Ratna confused one step above S. 125 CrPC procedure wise. Even in S. 125 CrPC one can use CPC and many a
Magistrate Court have allowed the same.


3. Even the first prison conviction of a Husband under violation of one of the Protection Order was done under Simple Imprisonment of a Husband from Kerala that also his wife paying for his prison diet money to Supdt. of Prisons and when she could not meet the diet money he was let out and she tossed out the Protection Order and waived it off to ultimately opt in for s. 482 CrPC at HC later.

 


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Domestic violennce is quasi criminal case. but trial is under the civil court


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Be The Change

Atleast men are born.. But 33% women are not allowed to be  born, as per consensus 2011 !!!!!!! !

Another aspect worth pondering over is the fact that these girls who are killed before being born, are killed in their mothers womb and not fathers womb ?????   How MAJBOOR these mothers and unborn daughters are at the hands of men,  !!!!!!!!!!!

What a plight of women in INDIA !!!!!!!!!

Time has come when women are given justice and  not shown the muscle power or mockery.

 

 

 
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UNEMPLOYED

ms g kaur,

your intention not to asking a law point.

a few are here to do zender politics.

you are one of them.

these people are small in number; by changing the ids they raised irrevalant questios,

at last their final submissions are - how women are exploited.

there are a large no of groups -  who directly or indirectly claims that they are exploited.

these groups might be men, women, sc, st, obc, hindus. muslims, farmers, labourers. might be cast base like jaths etc. their basic intentions are to do politics & collect fund keeping a sensetive issue in front.


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