aggrieved person could present
an application to the Magistrate under Section 12 of the Domestic Violence
Act and he had filed the complaint on behalf ... complainant to lodge a complaint. It
is necessary to notice Section 12 of the Domestic Violence Act. It reads as
under:-
Section 12
from Section 17 to Section 22 of the said Enactment. In
the sequence of these Sections, Section 23 finds a place. The said
Section confers ... procedure for disposal of an application under Section 12 or under sub-
section 2 of Section 23 . Since the Code of Criminal Procedure
case of domestic violence. Therefore, respondent filed an
application under Section 12 of Domestic Violence Act. Apart
from that she filed an application under Section ... application under section 12 or under sub-section (2)
of section 23 .
7
Cr.R. No. 2704/2019
Section 32 . Cognizance and proof.--(1)
Notwithstanding
Section 12 . Section 125 provides for trial in a
LPANo.736/2013 Page 25 of 159
summary manner. Section 28 is reproduced hereunder:-
" Section ... disposal of an
application under section 12 or under sub-section (2) of
section 23 ."
(Emphasis supplied)
5.6. Domestic violence
orders. Learned counsel submitted that as
per provisions of Section 28 , the proceedings under Sections 12 ,
18 , 19 , 20 , 21 , 22 & 23 shall ... Sections 12 , 18 to 23 of the Act, as also the objects
sought to be achieved.
26. As noticed above, as per Section 12
contemplated under Section 28 of the ' DV
Act '. Thus, a complaint registered under Section 12 of the Domestic
Violence Act is criminal proceedings ... litigation instituted under Section 12 of
the ' DV Act '.
24. The relief granted under Section 26 of the Domestic Violence
Section 20 ,
4 ) Custody order under Section 21
5 ) Compensation order under Section 22
6 ) Interim and exparte order under Section 23
11. Section 12 ... application under
Section 12 or under Sub Section (2) of Section 23 ". The opening words
of Sub Section (2) of Section
application under Section 12 or on any of the
reliefs under Sections 18 to 22 of the Domestic Violence Act,
then and then only ... under Section
20 , which reads as under:
"20 Monetary reliefs.--(1) While disposing of an application
under sub-section (1) of section 12
right to file the proceeding before the
Magistrate under Section 12 of the Domestic Violence Act cannot
be made sterile by transferring such already initiated ... proceedings
to the Family Court. The proceedings initiated under Section 12
of the Domestic Violence Act before the Court of competent
jurisdiction
under
Section 12 read with Sections 17 / 18 / 19 / 20 / 22 and 23 of the Protection of Women
from Domestic Violence Act, 2005 (hereinafter referred ... pass protection
order ( section 18 ), residence order ( section 19 ), monetary relief ( section 20 ),
custody order ( section 21 ) or compensation order ( section 22 ), as the case
