Relief in other suits and legal proceedings
Section 26 of the Protection of Women from Domestic Violence Act, 2005 deals with relief in other suits and legal proceedings. Any relief available under sections 18, 19,20, 21 and 22 may also be sought in any legal proceeding, before a civil court, family court or a criminal court, affecting the aggrieved person and the respondent whether such proceeding was initiated before or after the commencement of this Act. The Act came into force on 26 Oct 2006.
(1) Any relief available under sections 18, 19,20, 21 and 22 may also be sought in any legal proceeding, before a civil court, family court or a criminal court, affecting the aggrieved person and the respondent whether such proceeding was initiated before or after the commencement of this Act.
(2) Any relief referred to in sub-section (1) may be sought for in addition to and along with any other relief that the aggrieved person may seek in such suit or legal proceeding before a civil or criminal court.
(3) In case any relief has been obtained by the aggrieved person in any proceedings other than a proceeding under this Act, she shall be bound to inform the Magistrate of the grant of such relief.
Section 26, The Protection of Women from Domestic Violence Act, 2005 (Act 43 of 2005).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Vaishali Abhimanyu Joshi vs Nansaheb Gopal Joshi
Court's Decision & Legal Precedent
When a suit between licensor and licensee for recovery of possession of immovable property is cognizable by a Small Causes Court under Section 26(1) of the Provincial Small Cause Courts Act, 1887 (as amended by Maharashtra Act 24 of 1984), the counter-claim filed by the defendant seeking residence rights under Section 19 of the Protection of Women from Domestic Violence Act, 2005 is fully entertainable by the Small Causes Court, as the 'non obstante' clause in Section 26(1) overrides the jurisdictional limitations in Schedule II (Item 11), and Section 26 of the DV Act 2005 explicitly permits reliefs under Sections 18-22 to be sought in any legal proceeding before a civil court, including Small Causes Courts.
On this section: Central provision establishing that reliefs under Sections 18-22 may be sought in any legal proceeding before a civil court, family court or criminal court; interpreted to permit counter-claims in Small Causes Court proceedings
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 26
What have the courts held on Section 26 of the Protection of Women from Domestic Violence Act?
Vaishali Abhimanyu Joshi vs Nansaheb Gopal Joshi (09 May 2017) is the leading judgment on this section among those set out below: Central provision establishing that reliefs under Sections 18-22 may be sought in any legal proceeding before a civil court, family court or criminal court; interpreted to permit counter-claims in Small Causes Court proceedings.
How do I find court cases under Section 26 of the Protection of Women from Domestic Violence Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: DV Act 26, section 26 DV Act, section 26 of the Protection of Women from Domestic Violence Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Vaishali Abhimanyu Joshi vs Nansaheb Gopal Joshi (09 May 2017).
What should I read with Section 26 of the Protection of Women from Domestic Violence Act, and has it changed?
Its own text turns on section 18 (Protection orders), section 19 (Residence orders), section 20 (Monetary reliefs), section 21 (Custody orders), and on 1 further provision, so none of them can safely be read on its own.
When did Section 26 of the Protection of Women from Domestic Violence Act come into force?
Section 26 of the Protection of Women from Domestic Violence Act, cited as DV Act 26, came into force on 26 Oct 2006, having been enacted on 13 Sep 2005. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions623 words
- 3. Definition of domestic violence482 words
- 37. Power of Central Government to make rules443 words
- 19. Residence orders431 words
- 9. Duties and functions of Protection Officers360 words
- 20. Monetary reliefs336 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.