Dv case trial

Please give ref of the citation or post it.

Since there are specific judgements of BOMBAY HC  for quash of DV cases on technical grounds.

IT IS SIMPLE TO GET IT QUASHED SINCE THERE ARE MANY MISTAKES IN  LOWER COURT.

In Dv case proceedings as per provisions of dv .In IPC as charges are frame the case proceeds. dv proceeds in metropolitan court. so criminal procedure code is followed in dv cases. Conviction is based on evidence and if complainant proves that domestic violence had occured than Respondent are convicted. 

Regards,

Adv.NIKHIL SETH 

Thank you Nikhil Seth. But in DV, the judge decides what IPC charges to put based on evidence or the case proceeds as if there are IPC charges?

There is not even a clear mention of the sentencing/punishment in the DV act. How is that decided

In dv only  its only about reliefs and protection. Ipc is totally different .In Ipc there is police investigation and commission of offence as prescribed in IPC and accordingly punishment is decided. Whereas in dv its on evidence and burden on applicant to prove that dv has been commissioned by respondent.

Regards,

Adv.NIKHIL SETH 

What does it mean "further if convicted punishment as per provision of the act"

I am trying to ask the same question. In the act it is not clearly written what is the punishment.

Dont confuse in DV and IPC 

If a separate order to lodge a criminal complain u/S 498A IPC has passed then the complaint of 498A IPC will be tried separately as a criminal trial and the prosecution evidence should be beyond resonable doubt 

In DV case although it is a quasi civil in nature some resonable evidence must be given by the victim against you and it is a case of monitory reliefs only , in DV. The punishments only if you breached any interim order of the court then only you will be convicted in DV other wise it is clear monitory relief in nature

Adv pankaj patil