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Analysing the retrieved Case Laws
Scanned Judgements…!
The Act recognizes that proceedings under the DVA are civil in nature, but if a criminal offense (e.g., assault, hurt, criminal intimidation) is involved, a complaint under Section 156(3) can be filed, and criminal proceedings can proceed alongside or independently of civil remedies ["GITIKA BARMAN D/O LATE MUKUNDA BARMAN VS SANJEEV BARMAN S/O SHRI UPENDRAJIT BARMAN - Gauhati"], ["Sk. Sadab Kadir VS Saher Saniya - Crimes"].
Analysis and conclusion:
References:- ["GITIKA BARMAN D/O LATE MUKUNDA BARMAN VS SANJEEV BARMAN S/O SHRI UPENDRAJIT BARMAN - Gauhati"]- ["Sk. Sadab Kadir VS Saher Saniya - Crimes"]- ["Omana Thomas W/o Late K.J. Thomas vs Ajith Prakash S/o Late K.J. Thomas - Kerala"]
Domestic violence remains a pervasive issue in India, affecting countless women who seek swift legal protection. A common question arises: whether relief under Section 156(3) can be asked in a domestic violence case? Many victims wonder if they can leverage this Criminal Procedure Code (CrPC) provision to trigger police investigations directly through the Magistrate in DV proceedings. This blog post delves into the legal nuances, drawing from statutory provisions, court judgments, and expert analysis to clarify this.
Note: This is general information based on legal precedents and is not specific legal advice. Consult a qualified lawyer for your situation.
The Protection of Women from Domestic Violence Act, 2005 (DV Act) is designed primarily for civil reliefs to protect aggrieved women. Applications are filed under Section 12, where the Magistrate can grant protection orders (Section 18), residence orders (Section 19), monetary relief (Section 20), custody orders (Section 21), and compensation (Section 22). These are interim or final civil remedies, often passed under Section 23 for urgent relief. Kavitha M. , W/o Raghu VS Raghu, S/o Narayanappa - 2023 Supreme(Kar) 179
Section 12 reads as application to Magistrate. Kavitha M. , W/o Raghu VS Raghu, S/o Narayanappa - 2023 Supreme(Kar) 179 The Act emphasizes speedy disposal: such applications have to be disposed of within 60 days in terms of sub-section (5) of Section 12 of Act. Kavitha M. , W/o Raghu VS Raghu, S/o Narayanappa - 2023 Supreme(Kar) 179 This underscores its civil, protective focus rather than criminal prosecution.
Courts have repeatedly affirmed the civil character of DV proceedings. For instance, reliefs under Sections 18-22 are governed by Civil Procedure Code (CPC) provisions, allowing them in civil courts too. Amardeep Sonkar VS State of U. P. - 2024 0 Supreme(All) 618 The reliefs granted are civil in nature, with criminal sanctions only for breach of protection orders. Amardeep Sonkar VS State of U. P. - 2024 0 Supreme(All) 618
Section 156(3) CrPC empowers a Magistrate to order police investigation into a cognizable offence upon a complaint. It's a tool for criminal cases where police must investigate promptly. Amardeep Sonkar VS State of U. P. - 2024 0 Supreme(All) 618 However, DV Act applications under Section 12 are not criminal complaints but civil petitions for reliefs like maintenance or shelter.
Section 156(3) Cr.P.C. pertains to the Magistrate’s power to order investigation of a cognizable offense upon an application or complaint. Amardeep Sonkar VS State of U. P. - 2024 0 Supreme(All) 618 Invoking it directly in DV cases conflates civil remedies with criminal probes, which courts discourage.
Relief under Section 156(3) CrPC cannot be directly sought in a domestic violence case under the DV Act. Proceedings are civil, not criminal. The Magistrate's powers under Section 23 yield interim civil orders, not investigation directives. Amardeep Sonkar VS State of U. P. - 2024 0 Supreme(All) 618
The Supreme Court clarifies: DV Act follows CPC for civil aspects, with CrPC only for enforcement like breaches. Proceedings under the DV Act are governed by the Civil Procedure Code and the Criminal Procedure Code in a manner that treats them as civil proceedings. Amardeep Sonkar VS State of U. P. - 2024 0 Supreme(All) 618
In maintenance and custody matters, courts uphold this distinction. For example, interim maintenance under Section 23 was justified based on prima facie domestic violence evidence, without needing criminal investigation. Purushottam Das VS State of U. P. - 2024 Supreme(All) 386 The court found that the trial court had not committed any illegality or irregularity in granting maintenance allowance. Purushottam Das VS State of U. P. - 2024 Supreme(All) 386
Similarly, Family Courts handle DV reliefs as civil, confirming maintainability of appeals. The reliefs granted in the domestic violence proceedings were of civil nature, making the Family Court Appeal challenging the order maintainable. SANDIP MRINMOY CHAKRABARTY VS RESHITA SANDIP CHAKRABARTY - 2021 Supreme(Bom) 429
Judicial precedents firmly establish this boundary:
In quashing attempts, courts note: Respondent cannot claim maintenance doubly but other DV reliefs stand. Section 156(3) irrelevant here. Faruk Sekh S/o Ali Hussain VS State Of Assam - 2023 Supreme(Gau) 499
Custody decisions prioritize child welfare under Section 12, sans Protection Officer report mandate. The welfare and best interest of the child is the paramount consideration. Vidit Mahajan VS Sunali Mahajan - 2016 Supreme(J&K) 605
Post-divorce DV claims viable if violence occurred during relationship. Subsistence of domestic relationship is not a prerequisite if violence alleged during its existence. Vimla Devi VS State of Jharkhand - 2023 Supreme(Jhk) 958
While direct invocation is barred, exceptions exist:- Breach of orders: Criminal sanctions under Section 31 for violating protection orders.- Separate cognizable offences: Assault or harassment warrants FIR; Section 156(3) possible then. Amardeep Sonkar VS State of U. P. - 2024 0 Supreme(All) 618
If a breach of protection order... involves criminal acts (e.g., assault), then criminal proceedings can be initiated separately. Amardeep Sonkar VS State of U. P. - 2024 0 Supreme(All) 618
Quashing DV complaints fails if domestic relationship subsists or violence proven, even post-divorce. Challa Sivakumar VS Challa Anita - 2018 Supreme(AP) 596 Subsequent decree of divorce will not interdict her from filing the D.V case. Challa Sivakumar VS Challa Anita - 2018 Supreme(AP) 596
For DV victims:1. File under Section 12 DV Act for civil reliefs – fastest route.2. Seek interim relief under Section 23 for immediate protection/maintenance.3. Initiate separate criminal complaint/FIR for offences like cruelty (IPC 498A).4. Inform Magistrate of other reliefs obtained. Vimla Devi VS State of Jharkhand - 2023 Supreme(Jhk) 958
For initiating criminal investigation... a specific criminal offense must be alleged. Amardeep Sonkar VS State of U. P. - 2024 0 Supreme(All) 618
Transfer to Family Courts possible for efficiency, as reliefs overlap civil matters. Sandip Mrinmoy Chakraboarty VS Reshita Sandip Chakrabarty - 2018 Supreme(Bom) 1304 Reliefs sought before learned Magistrate in Domestic Violence proceedings can be effectively tried and granted by Family Court. Sandip Mrinmoy Chakraboarty VS Reshita Sandip Chakrabarty - 2018 Supreme(Bom) 1304
In summary, Section 156(3) CrPC relief cannot be directly asked in domestic violence cases under the DV Act due to its civil framework. Focus on Section 12 applications for protection, while pursuing criminal routes separately for offences.
Key Takeaways:- DV Act = Civil reliefs (protection, maintenance, residence).- Section 156(3) = Criminal investigations only.- Courts prioritize speedy civil remedies; breaches trigger criminal law.- Always allege specific crimes for police action.
Victims deserve prompt justice – choose the right legal path. For personalized guidance, reach out to a legal expert.
References: Judgments cited via document IDs like Amardeep Sonkar VS State of U. P. - 2024 0 Supreme(All) 618, Kavitha M. , W/o Raghu VS Raghu, S/o Narayanappa - 2023 Supreme(Kar) 179, etc., from legal databases.
#DVAct #CrPC1563 #DomesticViolenceLaw
It is to be mentioned here that section 20(3) of the Domestic Violence Act provides for monetary relief. It read as under: “20. ... of the domestic violence and such relief may include but is not limited to: (a) the loss of earnings. ... Be it mentioned here that section 3 of the said Act defined ‘Domestic Violence’ as under: For the purposes of this Act, any act, omission or commission or conduct of the respondent....
Case No. 134 of 2022 pending before the learned S.D.J.M., Angul. 3. ... the Magistrate and in case, he has received a complaint on domestic violence then to make a domestic incident report and submit it to the Magistrate, as well as to forward copies of the complaint to the Police Officer in charge of the police station within local limits of whose jurisdiction, domestic ... Therefore, the court observed that it is not necessary in each and every case#HL_EN....
Now, the issue boils down to the question whether the evidence adduced is sufficient for the Magistrate to 'satisfy' that domestic violence has taken place, so as to grant the relief under Section 19 of the D.V. Act. ... Again, the term 'domestic violence' is defined under Section 2(g), read with Section 3, with the widest amplitude. Even an activity which tends to harm or injure or endanger the health, safety, life, limb or well being of the aggrieved person will fa....
Section 2(s) defines that a ‘shared household’ means where a person aggrieved lives or at any stage has lived in a domestic relationship. Chapter-II deals with domestic violence. Section 3 defines what is a ‘domestic violence’ and reads as follows: “3. ... -For the purpose of determining whether any act, omission, commission or conduct of the respondent constitutes “domestic violence” under this section, the overal....
However, the only issue raised by the petitioners in this case, as to whether, the provision of Section 26(3) of the Domestic Violence Act, proceeding before the learned Judicial Magistrate 1st Class, under the Domestic Violence Act is maintainable or liable to be quash only on the ground that the relief ... 3.7. Further, in the case of Domestic Violence, the petitioner No.1 rai....
The fact giving rise to the present case is that opposite party No.2, who is the wife of the applicant, has filed an application u/s 12 Domestic Violence Act. ... After hearing the submissions of learned counsel for the parties as well as on perusal of the record, the following questions have arisen for determination: (i) What is the nature of the proceeding of the Domestic Violence Act; (ii) whether the Application u/s 12 Domestic Violence Act is co....
In the instant case, the appellant sought relief under Sections 18 to 23 of the Domestic Violence Act, 2005. It includes protection order under Section 18, monetary relief under Section 20, custody orders under Section 21, compensation under Section 22 and interim relief under Section 23. ... of the domestic violence and such relief may include, but is not limited to: (a) the loss of earnings. ... (3) In #HL_START....
Further, 'domestic violence' under Section 3 of the DV Act means any act, omission or commission or conduct of the respondent shall constitute 'domestic violence' in case it: (a) harms or injures or endangers the health, safety, life, limb or well-being ... -For the purpose of determining whether any act, omission, commission or conduct of the respondent constitutes "domestic violence" under this section, the overall facts and circ....
Section 3 of the Act defines domestic violence and Explanation II thereto provides that "for the purpose of determining whether any act, omission, commission or conduct of respondent constitutes domestic violence under this section, the overall facts and circumstances of the case shall be taken into ... In other words, the question is, whether in such a case the Magistrate cannot pass any order/grant any relief wit....
(3) In case any relief has been obtained by the person in any proceedings other than a proceeding under this Act, she shall be bound to inform the Magistrate of the grant of such relief. ... It depends upon the facts of each case whether domestic violence took place in domestic relationship or not. In view of the above exposition of law, there cannot be two views that subsistence of domestic relationship is not a ....
It was contended that jurisdiction vested in the Family Court is wide enough to consider all the reliefs that have been prayed in the application specifically preferred under section 12 of the said Domestic Violence Act, 2005. Section 29 prescribes that an appeal from the order made by the Magistrate shall lie to the Court of Session, within thirty days from the date of an order. This Court referred to the prayers in those proceedings filed by the respondent before the learned Judicial Magistrate First Class. This Court also adverted to section 26 of the Domestic Violence Act and h....
Section 29 prescribes that an appeal from the order made by the Magistrate shall lie to the Court of Session, within thirty days from the date of an order. It was contended that jurisdiction vested in the Family Court is wide enough to consider all the reliefs that have been prayed in the application specifically preferred under Section 12 of the said Domestic Violence Act, 2005. It was contended by the appellant’s advocate before this Court that the principles of Section 26 of the said Domestic Violence Act, 2005 is to ensure that any relief available under Sections 18 to 22 can b....
The Sessions Court and High Court of Bombay having considered the fact that the marriage between the parties was dissolved by Khula divorce on 09.05.2008, held the domestic relationship between the parties was severed by the date of filing of DVC on 28.09.2009 and therefore, the said D.V case was not maintainable. I am afraid, the request of the petitioners cannot be conceded in view of the subsequent decision of Apex Court in Juveria Abdul Majid Patni v. Atif Iqbal Mansoori and another, (2014) 10 SCC 736. One of the questions engaged in that case was, whether a divorced woman can ....
Wanowrie, Pune – 411 040 where the petitioner wife is residing is distinct and that is not sought in the proceeding before the Family Court. The important question is whether the relief which is sought in Domestic Violence application before learned Magistrate can be granted by Family Court and whether it has the jurisdiction to grant such a relief. In order to answer the question, it would be apt to refer to provision of the two Enactment in brief.
Thus, by virtue of the Section-26, any relief available under the Domestic Violence Act can also be sought in any legal proceedings before any Civil Court, Family Court or Criminal Court. The wife had instituted proceedings under the Specific Relief Act before the Family Court, Pune and the said proceedings are pending. She filed application Exh.20 in that petition namely petition B2/2013 and sought to relief of grant of maintenance or the monetary relief contemplated under Section-20 of the said Act. The said Section contemplates that any relief available under Section 18,....
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