What is Inherent power of court in DV ACT
2 years ago
Like in RCR/Divorce/GWA/Special marriage act- U/s 151 CPC is applicable which states the "In inherent powers of court or Discretionary power of Judge" like wise what is the section applicable for Magistrate in "DV act". Kindly suggest I want to ask for few visits or function for child to attend in my house, apart from U/s 21 of Dv act, I would like to know the section for Inherent power of Judge in DV act favorable for husband or respondent.
A.Dear Sir,
He can file any interim application read with Section 151 of Civil Procedure Code as High Courts said that when DV Act is not having specific provision then it can use 151 of CPC.
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He can file any interim application read with Section 151 of Civil Procedure Code as High Courts said that when DV Act is not having specific provision then it can use 151 of CPC.
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A.Applications under the DV act are sent to Magistrates courts which are regulated by the code of CrPC wherein there are no provision unlike the Section 151 of CPC any inherent powers of courts except Section 482 which is specifically for High Courts.
Here DV Act the Magistrate does not have any discretionary power beyond what is mentioned in the Act.
Here DV Act the Magistrate does not have any discretionary power beyond what is mentioned in the Act.
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Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
A.Dekhiye inherent power court me khud samahit hoti hai. But domestic violence act me aisi koi dhara nhi hai jisko yah kaha jaa sakta ho ki vah court ke inherent power hai. Aap ko apne children se milne ki permission court de sakti hai. But domestic violence act me custody ka koi provisions nhi hai. Uske liye aap ko guardian and wards ke antargat custody ke liye case file karna hoga.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
It is not obligatory for the court to wait for the law made by parliament or order from the higher judiciary. Court has discretionary or inherent power to make such order which is not given in terms of laws for the security of justice or to check misuse of the method of the Court u/S 151 CPC. You will have to convince the judge that your hardships are being absolutely overlooked.
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It is not obligatory for the court to wait for the law made by parliament or order from the higher judiciary. Court has discretionary or inherent power to make such order which is not given in terms of laws for the security of justice or to check misuse of the method of the Court u/S 151 CPC. You will have to convince the judge that your hardships are being absolutely overlooked.
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A.Hi,
The meaning of ‘inherent’ is existing in something as a permanent, absolute, inseparable, essential, or characteristic attribute. Inherent powers of courts are those powers that may be applied by the court to perform full and complete justice between the parties before it. This power is said to be the inherent power that is maintained by the court, though not conferred. Section 151 of the Civil Procedure Code deals with the inherent powers of the court.
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The meaning of ‘inherent’ is existing in something as a permanent, absolute, inseparable, essential, or characteristic attribute. Inherent powers of courts are those powers that may be applied by the court to perform full and complete justice between the parties before it. This power is said to be the inherent power that is maintained by the court, though not conferred. Section 151 of the Civil Procedure Code deals with the inherent powers of the court.
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