LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

pun (eng)     26 February 2013

Cpc section 10 can be used dv case

Hello Members, I want to know if section 10 of CPC can be used to get stay on one of the 2 DV cases filed by wife in two different cities. Thanks


 3 Replies

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.

pun (eng)     05 March 2013

any updates?

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register