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Sidharth   06 August 2016

Applicability of 151 cpc

is application u/s 151 cpc is maintainable during case of DV act



 23 Replies

Suri.Sravan Kumar (senior)     06 August 2016

pl be specific about your qry. For what purpose you want to file petition U/S 151 of CPC.

Sidharth   06 August 2016

dear  sir,

i have filed application of visit rights minor chil u/s 151 cpc during dv proceedings but court rejected the said application by saying " in Dv proceedings no relief can be granted to respondent only aggrieved person can clain any relief"

The opposite coucel was saying "151cpc is applicable only in civil cases and not in DV because dv is criminal case"

Please guuide

Suri.Sravan Kumar (senior)     06 August 2016

yes he is right. DV case is not civil nature as such 151 CPC is not applicable.

Sidharth   06 August 2016

Originally posted by : Suri.Sravan Kumar
yes he is right. DV case is not civil nature as such 151 CPC is not applicable.

Sir,

please see this judgement passed by trial court during dv proceedings in this court granted the visitation rights to respondent


Attached File : 337817 20160806140929 668998649 visitation order delhi trial court in dv proceedings.pdf downloaded: 65 times

Sidharth   06 August 2016

i think relief requested is of civil nature so 151 cpc is applicabe

Suri.Sravan Kumar (senior)     06 August 2016

In Delhi magistrate court's order, the counsel for the wife did not challenge the maintainability of the application for visitation rights so the court has not decided that particular question.  You may try your luck by moving an application provided the counsel for the wife does not raise the question of maintainability.

1 Like

Vijay Raj Mahajan (Advocate)     06 August 2016

D. V. Act is for relief to wife or women. Best for husband to seek child custody or visitation under the Gardians and Wards Act.

Vijay Raj Mahajan (Advocate)     06 August 2016

D. V. Act is for relief to wife or women. Best for husband to seek child custody or visitation under the Gardians and Wards Act.

Sidharth   06 August 2016

Originally posted by : Vijay Raj Mahajan
D. V. Act is for relief to wife or women. Best for husband to seek child custody or visitation under the Gardians and Wards Act.

Do you think i should try for visitation rights by  using this judgement.

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     06 August 2016

visitation right is minor relief.

 

The DV act is full of very draconian provisions. You must put your energies to avoid more damage.

whatnot   07 August 2016

There were couple of old discussion in this forum

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=57997&offset=2

https://www.lawyersclubindia.com/forum/Visitation-u-s-21-for-respondent-67590.asp

 

You may have visited them earlier.

Even I had similar question, though no DV is filed on me yet.

My guess Mr. Laxminarayan and other opinion to follow GWA for relief seems to be legit.

Or you may puruse Intreim order during DV itself.

Plan for small battles to win the war.

Separate the issues.

Best regards

Sidharth   07 August 2016

Once i have read a judgement where court said that visitation rights can be granted u/s 151 cpc but know i need it.

i am unable to find that.

can anybody help in finding

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     08 August 2016

Why go for 151 CPC when there is a specific provision under S 21 of Protection of Women from Domestic Violence Act to get visitation to the father.

 

Put an application for visitation under S. 21 of PWDVA, 2005.

 

Regards,

 

Shonee Kapoor

www.shoneekapoor.com 

1 Like

prabhakar advocate (advocate)     08 August 2016

U/S. 21 of DV Act gives the respondent father right to file application for visitation to child  during pendency of DV case.  Not under Section 151 CPC.  Any how, it is always better to file independent custody suit, which is permanent in nature.

1 Like

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