categorically held that in cases involving competing claims under the Senior
Citizens Act and DV Act, the Court has to balance between the rights ... light of the Judgment of S. Vanitha and pendency of DV Case, this
appellate authority does not find the present case
facts and circumstances of the
present case, the Petitioner's asserted right under Section 19 of DV Act
which stems from her assertion that ... scope of judicial discretion
conferred under Section 19 of the DV Act. No case has been made out for
the exercise of this Court
proved beyond reasonable doubt like in a criminal case or in
a civil divorce case. No doubt, PW1 has admitted that everything was going ... police
complaint and has also filed two cases against him including a case under
DV Act . It is further proved that the respondent used
seeking one or more
of the reliefs under the DV Act . Under section 20 DV
Act, the magistrate has powers to direct Respondent ... maintenance under the DV Act is
distinct from the standard required under Section 125 of CrPC. In the said
case, the co-ordinate bench
beyond the jurisdiction of the concerned Magistrate.
6.5. Section 28 of the DV Act, when read in conjunction with Section 188
Cr.P.C, makes ... DV Act .
7. Mr. Kunal Mittal, counsel for Respondent No. 1, controverts this
position and submits as follows:
7.1. Section 27 of the DV
Supreme Court examined the overlap between the DV Act and
the Senior Citizens Act. In that case, the Supreme Court clarified that the
provisions ... envisaged under Section 17
of the DV Act. However, this right is not absolute, particularly in cases
where it conflicts with the rights of senior
facing the trial in the present case
instituted by the respondent U/s 12 of DV Act .
..xx.. ..xx.. ..xx..
13. No specific allegations ... provision of Section 28 of DV Act. Accordingly,
appellant is discharged from the present case. Impugned order dated
30.05.2022 passed by Ld. MM (Mahila Court
foundation for monetary
relief under the DV Act is the existence of a prima facie case of "domestic
violence", and that the material ... case as implausible.
They have treated it as a matter requiring proof. That approach is consistent
with the structure of the DV Act . Orders under
even this fact has already been concluded
by L..d. MM under DV Act that the Petitioner no. I never resided at the
given address ... jurisdiction. Taking a contrary view in the present case amounts to a clear
3
" DV Act "
CRL.REV.P.(MAT.) 207/2025 Page
regarding the pendency of
3 cases i.e. one u/s 12 DV Act bearing CC No.
2007/1/15 which was filed
