proper to deal with the issue whether an application under Section 12 of Domestic
Violence Act could be entertained at all in respect ... Section 13 CPC and therefore could not stand in
the way of entertaining an application under Section 12 of Domestic Violence Act.
8. The learned
therefore consider that the application filed by the petitioner under
Section 12 of Domestic Violence Act was not at all maintainable. The
petitioner had settled ... already
filed a suit for partition. An application under Section 12 of Domestic Violence
Act was nothing but a gross misuse
with provisions given under the Domestic Violence
Act . Domestic Violence Act provides for obtaining domestic incident report.
The domestic incident report proforma is given ... given. Section 27 of the Domestic Violence Act provides
which judicial magistrate Court can have jurisdiction to entertain an
application under Section 12
aggrieved person under section 18 , section 19 ,
section 20 , section 21 or, as the case may be, section 22 against the
respondent."
The relevant ... only. Sec. 12 is akin to Sec 200 of the Criminal Procedure
Code , 1973. Section 12 only contemplates as to who can file
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
relevant
statutory provisions of the Domestic Violence Act .
19. Sections 12 of the Domestic Violence Act inter alia reads as
under:-
"12. Application ... disposing of an application under sub
section (1) of section 12 , the Magistrate may, on being
satisfied that domestic violence has taken place, pass
appellant/wife i.e. petition under Section
125 Cr.P.C. and petition under Section 12 of Domestic Violence Act have
been dismissed ... complaint case bearing No.66/1/07 filed under Section 12 of
Domestic Violence Act the appellant/wife impleaded her jethani Hemlata
also as respondent
Officer as mandated under Section 12 of the D.V.
Act. Reference is made to Sections 4 , 5 & 12 ... only. Sec. 12 is akin to Sec 200
of the Criminal Procedure Code , 1973. Section 12 only
contemplates as to who can file a complaint
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