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V.G.Rao Advocate (Advocate)     12 March 2010

Maintainability of caveat under DV Act?

Hi, all

In a case filed under DV Act by wife in an Inerim application filed by wife for custody of her girl child, the lower court granted custody of daugher in favor of wife, and now she apprehends that her husband may file appeal against the order of the court and may obtain order of suspention of order and stay of all further proceedings in her DV Act case,

Now My question is can she lodge caveat ? whether it is maintainable as the order is passed under DV act(Under Criminal Procedure code)



Learning

 4 Replies

bhupender sharma (head)     12 March 2010

there is no such procedure in the Act itself and inthe Code to lodge the Caveat petition in this regard at all. 

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     12 March 2010

Caveat petition possible. please try.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     12 March 2010

in civil cases ceaveat possible under cpc but not sure about criminal case.


(Guest)

1. Yes you can file caveat in DV Case.
2. DV is "civil nature wise and similar to S. 125 CrPC but with far wider reach that is the only hiccup here"
Rgds,


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