Jackson RuleofLaw (warrior) 11 October 2013

Applicability of order '39' rule '11' to dv case

Against Maintenance Order u/s '23' , I had moved Sessions Court an Appeal u/s '29' of DV Act & Application for stay. The Sessions had asked to submit 'Paper Book' and fixed date for admittance arguments and stay. In the mean time, the Applicant has moved application before Trial Court with a Prayer to strike down defence due to non payment under Order 39 rule 11 r/w section 151 of Civil Procedure Code.

Query:-

(A)) Is Civil Procedure Code applicable to case under DV Act?

(B) Any citation on the subject ?

Thanks & Greetings on Dusherra

Reply Follow

2 Replies

Jackson RuleofLaw (warrior) 12 October 2013

My Thanks to Mr Vivek, who posted following reply on the same Query under 'Civil Law" Procedue

"proceedings under domestic violence act are governed by Code of Criminal procedure and code of civil procedure is not applicable as the domestic violence proceedings though being domestic are with criminal flavour.

Please read section 28 of DC act.

Enclosed is the judgement from Supreme Court which says that A DV Case which indirectly supports your case. read Para No 24.

Since these proceedings are criminal in nature, your defence cannot be striked down even if you have not paid the maintenance."

Attached File (downloaded 3 times) :

1009098623_inderjit.pdf Supreme Court of India in the CRIMINAL APPEAL NO. 1635 of 2011
(Arising out of SLP(Crl.) No. 7787 of 2010) Inderjit Singh Grewal vrs State of Punjab decided on 24th August 2011

Jackson RuleofLaw (warrior) 13 October 2013

Thanks for your reply,

The Supreme Court Judgment might be on case pertaining to Limitation, but the "Ratio' contained in Paragraph '24' about applicability of Code of Criminal Procedure 1973 covers the whole ambit of Procedure to be followed in Proceedings under DV ACT.

Regards & Best wishes for Dusherra