Domestic Violence--Compensation for Cruelty--DV Act Courts Cannot Grant Compensation on Allegations of Cruelty which are Sub-Judice
A court exercising jurisdiction under the Protection of Women from Domestic Violence Act, 2005 must not grant compensation founded upon allegations of cruelty or harassment that are sub-judice before a criminal court. The jurisdiction under the DV Act is remedial and protective, limited to examining whether the aggrieved person requires immediate civil relief such as residence, maintenance, or protection. Granting compensation on disputed allegations pending criminal adjudication amounts to pre-judging the controversy and may prejudice rights of either party in the pending prosecution.
LOGIN TO READCaseLawToday.com is powered by M/s Law Herald Infotech
