Section 26 of PWDVA : Section 26: Relief In Other Suits And Legal Proceedings

Explanation using Example

Imagine a woman named Priya who is experiencing domestic violence at the hands of her husband, Rohan. Priya files for a divorce in a family court and simultaneously seeks a protection order against Rohan under Section 18 of The Protection of Women from Domestic Violence Act, 2005. As per Section 26(1), Priya is allowed to request this protection order within the divorce proceedings itself, even though the divorce case was initiated before she decided to seek protection under the Domestic Violence Act.

Furthermore, Priya may also request monetary relief under Section 20 for her and her child's maintenance, and custody orders under Section 21 as per Section 26(2), along with the divorce, within the same family court proceeding.

After a few hearings, the family court grants Priya temporary custody of the child and orders Rohan to pay interim maintenance. Priya must then inform the Magistrate about this relief as stated in Section 26(3), especially if she has a parallel proceeding under the Domestic Violence Act for similar reliefs.