(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.
Legal Commentary & Landmark Judgments: Section 26
Section 26 provides that any relief available under Sections 18, 19, 20, 21, and 22 may also be sought in any legal proceeding before a Family Court, Civil Court, or Criminal Court.
Section 26 eliminates jurisdictional silos by allowing domestic violence reliefs to be sought concurrently in any pending civil, family, or criminal proceedings.
Section 26 prevents multiplicity of litigation by empowering civil and family judges to grant domestic violence reliefs directly. A woman defending a divorce petition or restitution suit in Family Court can simultaneously seek residence and protection orders without filing a separate proceeding before a Magistrate.