If divorce petition is pending in the court u/s 13(1) can judge of trial court punish the respondent under Domestic Violence act 2005.
ravivakill (ADVOCATE) 09 September 2012
If divorce petition is pending in the court u/s 13(1) can judge of trial court punish the respondent under Domestic Violence act 2005.
DV act is only complaint latter not a complaint case. So he can't punish under DV act.
Only can passed order for maintenance, security, live in matrimonial home, int remady etc..........
If court think fit than treat as complaint case and record evidence u/s 200, 202 cr.Pc than have power to punish.
dr.pawan rajyan (member and secretory) 10 September 2012
why not !! seprate proceedings
stanley (Freedom) 10 September 2012
Judge cannot punish under DV act . Its only for a protection order ,maintanence , custody . Read the DV act properly . Once the order for protection is passed and still the respondent does not adhere to it than it leads to punsihment .
rajiv_lodha (zz) 10 September 2012
Both DV and divorce acses are altogather different. Different courts deal with each case.
DV case may attract punishment only if U BREECH PROTECTION ORDERS.
It has nothing to do with Divorce case running on parellel railing
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