876
Th e Protection Against Do111estic Violen ce Bill, 2013
(h) the possibility of other proceedings being taken
between the parties and the matter being more
appropriately dealt with under the relevant laws
relating to the financial provision of spouses or
former spouses and other dependants.
Powe r of co urt
u1ult:r other laws 11 01
limited.
<.ic11 crn l pro\'i sio11 s
as tu offl! m.: cs.
42. Nothing in this Act shall limit or affect the power
of the court to make an order under any law relating to
marriages or matrimonial causes.
43. (I) Any person who makes any false statement in
any application or affidavit made under this Act, knowing
such statement to be false or not beli'eving it to be true
commits an offence and is on conviction liable to a fine not
exceeding two hundred thousand shillings or to
imprisonment for a term not exceeding three years or to
both .
(2) Where any offence, other than one referred to in
this Act, is committed by a respondent upon an applicant
during or in furtherance of the commission of any act of
domestic violence, the court convicting the respondent
thereof shall regard to such circumstances as aggravating
the offence committed, when assessing the sentence to be
imposed .
(3) For the avoidance of doubt, a prosecution under
this Act or any other law shall not prevent the applicant
from seeking protection or redress under this Act.
Suspen sio n o!' prc-
cxisting orUcrs under
other writt en laws.
Tra11 sitio11ol
provision s in respect
of married minors.
Provision on
delegated powers.
44. Where an order is issued under this Act, and while
such order remains in force, all other inconsistent
subsisting orders and proceedings, other than criminal
proceedings commenced under any written law , shall be
suspended, so far as practicable, in accordance with the
provisions of this Act.
45. A minor who entered into marriage before the
coming into force of the Constitution and this Act may
apply for a protection order on his or her own behalf and
orders may be made on the application, and enforced as if
the minor was of full age at the time of his or her marriage.
46. ( l) The Rules Committee established under
section 81 of the Civil Procedure Act shall make rules to
regulate any matter of practice or procedure under this Act.
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