Domestic Violence Act, 2005
Jasmeetsingh
(Querist) 23 March 2011
This query is : Open
Dear Sir,
I had filed a domestic Violence complaint availing the provisions of Sec 26 of Protection of women from domestic violence act 2005 before the Civil Court S.D. Pune, in the pending civil case against the brother in-law of the aggrived person, thereaffter husband and wife of brother in- law were added as a party Under Order 1 Rule 10 of C.P.C. as they were the neceessary parties. But Respondent has filed a Criminal Appeal agianst civil courts impeading parties order.
Sir, kindly guide me to solve the following question with an appropriate citation of provision of law: -
1) Whether civil court can adopt Code of Civil Procedure to proceed the DVA complaint filed under Sec 26 of the Domestic Violence Act?
2) Whether court can avail Provisions of Sec 28 (2) of the Act?
3) Can a criminal appeal be filed agaisnt the civil courts order in DVA Proceeding?
4) Can criminal appeal filed against civil courts order be rejected at preliminary stage) if so what citation of with what provision of law?
Thanks in anticipation. Yours truly
Jasmeetsingh