MohammedRaffiq Bijapur (Advocate) 26 February 2013
Brother if both the cases file in two different courts/cities on the basis of same set of facts U can invoke constitutional right of double jeoparde.
Refer Sec 26 of DV Act for applicability of CPC.
pun (eng) 02 March 2013
26. Relief in other suits and legal proceedings.-(1) Any relief available under
sections 18, 19, 20, 21 and 22 may also be sought in any legal proceeding, before a civil
court, family court or a criminal court, affecting the aggrieved person and the respondent
whether such proceeding was initiated before or after the commencement of this Act.
(2) Any relief referred to in sub-section (1) may be sought for in addition to and along
with any other relief that the aggrieved person may seek in such suit or legal proceeding
before a civil or criminal court.
(3) In case any relief has been obtained by the aggrieved person in any proceedings
other than a proceeding under this Act, she shall be bound to inform the Magistrate of the
grant of such relief.
This section tell about any relief in any other parallel legal proceeding.
My question is related with making an application in DV case using section 10 of CPC to get stay on the case.