Provision for arrest warrant if respondent in Jammu and Kashmir
In the matter of domestic violence if the respondent is presently residing in the state of Jammu & Kashmir then under which provision the arrest warrant can be issued upon him?
The law of 2005 i.e. The Protection of Women from Domestic Violence Act, specifically mentions in its extent clause that baring the state of Jammu & Kashmir, the act is applicable in the whole of India. So, in order to hold a person liable for domestic violence, the act of 2010 needs to be approached i.e. Jammu and Kashmir Protection of Women from Domestic Violence Act of 2010.
Going as per section 27 of the act of 2005 as well as of the act of 2010 i.e. the provision invoking Jurisdiction – mentions the place of filing the complaint as the place where the respondent resides.Now, the answer to the 2nd part of the question, about the issuance of a warrant for the person residing in the state Jammmu & Kashmir – the penalties and the punishments will be strictly governed by the Code of Criminal Procedure, Samvat 1989 and the subsequent legal provisions mentioning the crime committed as per the Ranbir Penal Code (similar to the Indian Penal Code in india). The exact provision of the said act, depends on the nature of the case as well as the facts and circumstances of the same. Generally speaking, section 70 of the Code of Criminal Procedure, 1973 (but this is from the act which is applicable in india except Jammu & Kashmir) talks about arrest warrant.
Book a phone consultation with a top-rated lawyer on Lawfarm.