|Originally posted by :N.K.Assumi at https://www.lawyersclubindia.com/forum/Application-of-sec-26-of-dv-act-49328.asp|
The act by itself does not punish the perpetrators of domestic violence, but if a case discloses any offences punishable under IPC, CRPC or Dowry Prohibition Act, the Magistrate may frame appropriate charges and try the case himself or commit the case to the Sessions Court for trial, that is why it is diabolical Act, as seen in section 26 of the act, and even on the sole testimony of the aggrieved person the court can conclude that an offence has been committed by the accused, either actual abuse and threat of abuse and even likelihood of abuse. Indeed, very dangerous Act.
I think DV act has main 3 points.
NOW IN MY CASE:-
1)Residence order:-My 498 AB order says that girl didnot agrees to return. Means She lost her right of residence ? NA ?
2)Maintenance :- 125 already in progress
3)Punishment: 498a already filled ?
4)Plus DV filled after 1.5 years.
What may be the legality in my case ?