Whether revision lies against order in domestic violence. My wife has filed a case under the domestic violence act for the maintenance, protection order and residential relief. Now the magistrate granted an interim order as five thousand rupees per month. My advocate filed a revision in the sessions court and sought cancellation or alteration in the order of interim maintenance. When my advocate appeared the opposite party objected that it is not maintainable. My advocate is not willing to withdraw that application. Please help.
Asked from: Bihar
Your advocate has filed an incorrect application in the sessions court. A revision application is not maintainable because you have right to appeal under Section 29 DV Act. Section 29 of the Domestic Violence Act states that an appeal shall lie against any order passed by the judicial magistrate under this act.
When special statutes such as the Domestic Violence Act provide a specific procedure, they shall prevail over the procedures laid down in general law. Hence, the provisions of the Code of Criminal Procedure shall not apply in your case.
You need to file an appeal to the sessions court under Section 29 of the DV Act. Every order passed by the judicial magistrate under Domestic Violence Case is made appealable under DV Act. At this stage, you should withdraw that revision application and file an appeal.
Sessions court shall admit your appeal and if there is any apparent error it may remand the case to trial court. If you again feel aggrieved from the order of the appellate court, you can file a revision in the High Court under Article 227 of the Constitution. For more legal help please visit Kanoon India.
