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Section 36: Act not in derogation of any other law

Domestic Violence Act, 2005 • Official Statutory Text & Practice Guide

Statutory Regulation
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Competent Court / Tribunal
Act 2005
Section 35 All 37 Sections of Domestic Violence Act, 2005 Section 37

Legal Commentary & Landmark Judgments: Section 36

Section 36 establishes that the provisions of the DV Act are in addition to, and not in derogation of, the provisions of any other law for the time being in force, guaranteeing concurrent and overlapping legal remedies.

  • Cumulative Statutory Reliefs: Reliefs under the DV Act operate concurrently alongside remedies under Section 125 CrPC/BNSS, Hindu Marriage Act, 1955, and Special Marriage Act, 1954.
  • No Res Judicata or Bar: Filing for maintenance or divorce in Family Court does not bar an aggrieved woman from seeking emergency residence, protection, and monetary relief under the DV Act.
  • Adjustment & Non-Duplication of Maintenance: While remedies are concurrent, courts must take into account maintenance awarded in prior or parallel proceedings to prevent unfair double recovery.
Key Landmark Precedents:
  • Juveria Abdul Majid Patni v. Atif Iqbal Mansoori (2014) 10 SCC 736: The Supreme Court held that an application under the DV Act is maintainable even after obtaining a divorce decree if acts of domestic violence occurred prior to dissolution, affirming the non-derogation mandate of Section 36.
  • Rajnesh v. Neha (2020) 10 SCC 734: The Supreme Court ruled that under Section 36, concurrent maintenance awards are permissible across Section 125 CrPC, HMA Section 24, and DV Act Section 20, but the subsequent court must adjust or set off prior maintenance amounts to determine a realistic quantum.
Courtroom Practice & Strategic Litigation Guidance:

When defending against an objection that the wife has already filed a Section 125 CrPC or HMA Section 24 maintenance claim, cite Section 36 and Juveria Patni. The DV Act provides distinct emergency reliefs (such as residence orders under Section 19) that cannot be granted under Section 125 CrPC.

Section 35 All 37 Sections of Domestic Violence Act, 2005 Section 37