Sections 26, 27, 28 and 29 of the Domestic Violence Act: Relief, Jurisdiction, Procedure and Appeal

Sections 26 to 29 of the Protection of Women from Domestic Violence Act, 2005 explain where statutory reliefs may also be claimed, which Magistrate has territorial jurisdiction, the procedure governing proceedings, and the right of appeal to the Court of Session.

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Section 26 - Relief in other suits and legal proceedings

Section 26 permits an aggrieved person to seek relief available under Sections 18, 19, 20, 21 and 22 of the Act in another legal proceeding affecting the aggrieved person and the respondent. Those provisions concern protection orders, residence orders, monetary relief, custody orders and compensation orders.

  1. Such relief may be sought before a civil court, family court or criminal court, whether the other proceeding began before or after commencement of the Act.
  2. The relief may be claimed in addition to other relief sought in the suit or legal proceeding.
  3. If the aggrieved person obtains such relief in a proceeding outside this Act, she must inform the Magistrate about the grant of that relief.

Section 27 - Jurisdiction

Section 27 identifies the competent territorial court. A Judicial Magistrate of the First Class or Metropolitan Magistrate may grant protection and other orders under the Act, and try offences under the Act, where any one of the statutory connecting factors exists.

Jurisdiction exists within the local limits where:

  1. the aggrieved person permanently or temporarily resides, carries on business or is employed; or
  2. the respondent resides, carries on business or is employed; or
  3. the cause of action has arisen.

An order made under the Act is enforceable throughout India.

Section 28 - Procedure

Section 28(1) states that, unless the Act otherwise provides, proceedings under Sections 12, 18, 19, 20, 21, 22 and 23, and offences under Section 31, are governed by the Code of Criminal Procedure, 1973. Section 28(2) also preserves the court's power to lay down its own procedure for disposal of an application under Section 12 or Section 23(2).

Current procedural-law note: The text of Section 28 continues expressly to refer to the Code of Criminal Procedure, 1973. The Bharatiya Nagarik Suraksha Sanhita, 2023 came into force on 1 July 2024 and replaced the CrPC as the general criminal-procedure code, subject to its statutory savings and transitional provisions. For a proceeding spanning the changeover, the applicable procedural provision should be checked in light of the date and nature of the proceeding.

Section 29 - Appeal

Section 29 provides an appeal to the Court of Session. The statutory period is thirty days from the date on which the Magistrate's order is served on the aggrieved person or the respondent, as the case may be, whichever is later.

Official legal sources

Protection of Women from Domestic Violence Act, 2005 - India Code

Bharatiya Nagarik Suraksha Sanhita, 2023 - India Code

This page is a general legal-information guide. For case-specific advice, consult a qualified legal professional and verify the current statutory text and applicable procedural law.