Civil Procedure Code (CPC)

Confusion in sec.26 of dv act..please help

Junior Advocate

Dear All,

My wife had applied under DV act against me & my parents under Sec.18,19,20,21,22 recently.

Before that she had filed 498a(i.e 35 days before applying DV).

Now,my confusion is that Court can proceed the same as she did not applied under sec.26.

What does Sec.26 Says?I can not understand...

Crpc 125 & Child custody cases are independentaly running in family court since 4.0 years.

Please suggest....

 
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Practicing Advocate

A wife can apply under DV Act after filing of criminal case u/s. 498-A.    S.26 DV Act says that the reliefs sought under DV Act can be sought in addition to or along with the other remedies available under other laws and if the aggrieved person gets any relief under any other law she would be bound to inform the magistrate trying the DV case. So whats your confusion? 

 
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LAWYER IN JAIPUR

I think your confussion is that your wife has filed independent DV case despite previously filing of 498a.

Answer is: yes she can either seek relief in pending case as filed under any of law given in list as mentioned in the section 26 or she can file independent case.

 
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zz

Dear!

Plz remember, DV is a unique law:

1) It rides on PRIMA FACIE vehicle! So...........a messile much dangerous........relief may be given in the 1st hearing itself..............even if thw lady does not have an iota of evidence!

2) It seeks relief simulataeously even if she has lodged sparate 498a, 406, GWA etc etc. Law says--- such a destitude lady be given immediate relief in the form of money, residence, child visitation etc etc. court should not wait for evidence....these things may come forward later on!

3) So if u have taken dowry, harassed her u will be PUNISHED under 498a but DV seeks no IMMEDIATE PUNISHMENT. Under this act, all she needs is immediate shelter, money, protection from further violence at her matimonial house.

So the cuurent scene given by u is very much plausible under DV act! CHEERS!


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Advocate/ nadeemqureshi1@gmail.com

Dear friend

i think you have got your answer or clear your confusion

 
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Advocate

This diabolical Act speak itself in section 26 and members have made it clear. I hope things are clear to you on the Acts which in spite of restoring the Home has started destroying the Home in ruthless manner.


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LAWYER; LEGAL ADVISER/CONSULTANT& TRAINER

With the above clarifications now  given, perhaps your  confusion might have turned nto a kind of nightmare on account of fear of uncertain tomorrow.  Please be brave enough and fight out. 

 
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Junior Advocate

Dear All,

Thanks a lot for valuable suggestions.In my case 498a had been applied first with false MLC then after DV.

Now,according to Sec.26,Can DV judge run the procedure of 498a to prove that in actual Physical Violence had been taken place or not?

 
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Advocate

You can pray to the High Court for stay of DVA proceedings pending trial of 498a, as pending the proceedings of DVA proceedings under 498a is not valid until your petition is disposed for stay of DVA procedings.


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But remember, only allegations pertaining to 498a offence in DIR will be stayed, if so...... Most of the DV allegations are in addition to 498a related offence, so DV wont be stalled as such

 
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