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Domestic Violence: Not mandatory for family court to follow CrPC

The Delhi High Court in S Vs. J held that the Family Court is empowered to formulate its own procedure for disposal of the petitioner’s application under D.V. Act. In that view of the matter, it is not mandatory for the Family Court to follow Cr.P.C.

In the present case, the Family Court is dealing with the petition for dissolution of marriage filed by the petitioner under Section 13(1) (ia) of the Hindu Marriage Act, 1955 and therefore, Justice J.R. Midha observed that the petitioner’s application under Section 26 of the D.V. Act seeking reliefs under Section 18, 19, 20, 21 and 22 of the D.V. Act is maintainable before the Family Court.

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