Jackson RuleofLaw (warrior) 12 October 2013

Applicability of order '39' rule '11' to dv case

Against Maintenance Order u/s '23' , I had moved Sessions Court an Appeal u/s '29' of DV Act & Application for stay. The Sessions had asked to submit 'Paper Book' and fixed date for admittance arguments and stay. In the mean time, the Applicant has moved application before Trial Court with a Prayer to strike down defence due to non payment under Order 39 rule 11 r/w section 151 of Civil Procedure Code.

Query:-

(A)) Is Civil Procedure Code applicable to case under DV Act?

(B) Any citation on the subject ?

Thanks & Greetings on Dusherra

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2 Replies

(Guest)

proceedins under domestic voilence act are goverened by Code of Criminal procedure and code of civil procedure is not applicable as the domestic voilence proceedings though being domestic are with criminal flavour.

Please read section 28 of DC act.

Enclosed is the judgement from Supreme Court which says that A DV Case which indirectly supports your case. read Para No 24.

Since these proceedings are criminal in nature, your defence cannot be striked down even if you have not paid the maintenance.

Attached File : 1009098623 inderjit.pdf downloaded: 341 times

Jackson RuleofLaw (warrior) 12 October 2013

Thanks

I appreciate your reply. I know it is a tactic by Applicant Lawyer to abuse the process of law, and to delay the case as much as possible, so as to wear us down to accepting some settlement out of court , WHICH is not going to happen, as I have decided to see the matter gets proper attention of Judicial Process.

I hope the opposite lawyer exceeds his jurisdiction and commits harakari by overuse of such tactics.

Regards.