1. Following important questions of law have arisen for consideration in this petition:-

I. What is the nature of proceedings under Section 26 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as ‘D.V. Act’) ?

II. What procedure is to be followed by the Court in adjudicating an application under Section 26 of the D.V. Act ?

III. Whether the Court is bound to follow Code of Criminal Procedure, 1973 (hereinafter referred to as ‘Cr.P.C.’) to adjudicate an application under Section 26 of the D.V.Act ?

2. The petitioner has challenged the order dated 28th March, 2017 whereby the Family Court dismissed the petitioner’s application under Order XIV Rule 5 of the Code of Civil Procedure, 1908 (hereinafter referred to as ‘C.P.C.’) for framing of additional issues.

3. Brief Facts

3.1. On 10th April, 2013, the petitioner instituted a petition for dissolution of marriage on the ground of cruelty under Section 13(1) (ia) of the Hindu Marriage Act, 1955. Along with the aforesaid petition, the petitioner filed an application under Section 26 of D.V.Act seeking reliefs under Sections 18, 19, 20, 21 and 22 of the D.V. Act.

3.2. On 27th March, 2015, the Family Co