- Apprentice Lawyer
Can High Court exercise power under Section 482, CrPC to bypass remedy of appeal under Section 29 of Domestic Violence Act? Delhi HC answers
A Section 482 CrPC petition had been preferred against a Magistrate's order granting custody of children to the father.
The Delhi High Court has held that in the absence of compelling reasons, the Court cannot exercise its extraordinary power under Section 482 of the Code of Criminal Procedure (CrPC) when there is a remedy of appeal under Section 29 of the Protection of Women from Domestic Violence Act, 2005.