Section 26 of The Protection of Women from Domestic Violence Act, 2005 in hindi
- (1)Any relief available under sections 18, 19,20, 21 and 22 may also be sought in any legal proceeding, before a civil court, family court or a criminal court, affecting the aggrieved person and the respondent whether such proceeding was initiated before or after the commencement of this Act.
- (2)Any relief referred to in sub-section (1) may be sought for in addition to and along with any other relief that the aggrieved person may seek in such suit or legal proceeding before a civil or criminal court.
- (3)In case any relief has been obtained by the aggrieved 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.
Summary
- This section allows a woman to ask for domestic violence protections even if she is already involved in other types of court cases.
- She can request these protections in a civil court, family court, or criminal court, and it does not matter if those cases started before or after this law was introduced.
- She can ask for protections like residence orders or monetary relief on top of whatever else she is requesting in her other legal cases.
- If a woman receives any relief from another court outside of this specific law, she is legally required to inform the Magistrate about it.
Practical examples
FAQ
1. Can I ask for help under Section 26 of The Protection of Women from Domestic Violence Act, 2005 if I already have another court case going on?
Yes, Section 26 of the Domestic Violence Act of 2005 allows you to seek relief (which means legal help or protection) in other legal proceedings. You can ask for the help available under sections 18, 19, 20, 21, and 22 in a civil court, family court, or criminal court. This applies whether the other case started before or after the Act began.
2. Does Section 26 of the domestic violence law let me ask for these protections along with other types of help?
Yes, under Section 26 of the domestic violence law, you can seek these protections in addition to any other help you are asking for. You can ask for them along with other relief in a civil or criminal court case.
3. What must I do under Section 26 of the women's protection act if a different court already gave me some legal help?
If you receive legal help or protection in any proceeding outside of this specific law, Section 26 of the women's protection act requires you to inform the Magistrate (the judge). You are required to tell the Magistrate that you were granted this help.
Test yourself
Q1.Under Section 26 of The Protection of Women from Domestic Violence Act, 2005, in which types of courts can an aggrieved person seek domestic violence reliefs during other ongoing proceedings?
Q2.Does Section 26 of The Protection of Women from Domestic Violence Act, 2005 allow a woman to seek relief in a civil case that was filed before the law came into force?
Q3.Under Section 26 of The Protection of Women from Domestic Violence Act, 2005, if an aggrieved person obtains monetary relief under Section 20 from a civil court, how does this affect her application before the Magistrate?
Q4.Under Section 26 of The Protection of Women from Domestic Violence Act, 2005, if a woman asks for a residence order under Section 19 during a separate civil lawsuit, what happens to her other civil claims?