Is dvc a criminal case or Civil case ?

Question

Is dvc a criminal case or Civil case ?

04-Oct-2024 (In Divorce Law)

As per the Judgment passed by this Hon’ble court in Dr. Pathmanathan Vs Dr. Monica as decided in Cr. O.P.28458/2019 Dated 18.01.202. Is dvc case criminal or Civil. n How should the cases already filed should be taken up

Answers (4)

Answer #1

Adv. Chikirsha Mohanty

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LawRato LawRato · Accepted Answer · 2024-10-04T17:58:33+05:30

The Act guarantees a woman's right to reside in her matrimonial home, regardless of ownership or title. One of its key features is that it specifically provides protection for women to live in a violence-free environment. Although the Act contains both civil and criminal provisions, it prioritizes swift relief for victims allowing a woman to obtain immediate civil remedies, typically within 60 days of filing a complaint.

Advocate Murali Krishnan Sanjeevi LawRato · Accepted Answer · 2024-10-04T17:58:33+05:30

Answer #2

As per the criminal proceedings the DVC is criminal. it is not civil suit. however as far as the family disputes it could be tried under civil nature. the punishment under the DVC is equivalent to punishment under IPC. the criminal proceedings is DVC

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Dr. S. Diraviam Dinesh LawRato · Accepted Answer · 2024-10-04T17:58:33+05:30

Answer #3

Domestic violence case is partly criminal and partly civil. The case is maintainable before the magistrate court and the code of criminal procedure is followed. The parties are named as petitioner and respondent, not as complainant and accused.

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Dr. S. Diraviam Dinesh

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Advocate Guru Dhananjay LawRato · Accepted Answer · 2024-10-04T17:58:33+05:30

Answer #4

The above decision only looked into the maintainability of quash petition under 482CrPC for complaints under the PWDVA Act and 498-A IPC. There is a conflicting view by the Maduari Bench of the Madras High Court. However, Calcutta HC after the above decision in a larger bench has settled the position for now that it is in fact a criminal proceeding and that quash may be filed under 482 CrPC.

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