What is Relief in other suits and legal proceedings? What is Jurisdiction? What is Procedure? What is Appeal? Section 26, 27, 28 and 29 of The Protection of women from Domestic Violence Act 2005

Relief in other suits and legal proceedings, Jurisdiction, Procedure and Appeal are defined under section 26, 27, 28 and 29 of Domestic Violence Act 2005. Provisions under these sections are:

 

Section 26 of Domestic Violence Act "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.

 

Section 27 of Domestic Violence Act "Jurisdiction"

1. The court of Judicial Magistrate of the first class or the Metropolitan Magistrate, as the case may be, within the local limits of which-
a. the person aggrieved permanently or temporarily resides or carries on business or is employed; or
b. the respondent resides or carries on business or is employed; or
c. the cause of action has arisen, shall be the competent court to grant a protection order and other orders under this Act and to try offences under this Act.
2. Any order made this Act shall be enforceable throughout India.

 

Section 28 of Domestic Violence Act "Procedure"

1. Save as otherwise provided in this Act, all proceedings under sections 12, 18, 19, 20, 21, 22 and 23 and offences under section 31 shall be governed by the provisions of the Code of Criminal Procedure, 1973 (2 of 1974).

2. Nothing in sub-section (1) shall prevent the court from laying down its own procedure for disposal of an application under section 12 or under sub-section (2) of section 23.

 

Section 29 of Domestic Violence Act "Appeal"

There shall lie an appeal to the Court of Session within thirty days from the date on which the order made by the Magistrate is served on the aggrieved person or the respondent, as the case may be, whichever is later.

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