Procedure as contemplated under Section 28 of the Domestic
Violence Act and therefore held that the complaint registered under
Section 12 of the Domestic Violence ... Judgment that Section 468 of Cr.P.C has
no application in respect of proceedings initiated under Section 12 of the Domestic
Violence
procedure for disposal of an application under Section 12
or under sub- Section 2 of Section 23 .
9. It is held that the Family Court ... application under sub-Section (1) of
Section 12 seeking reliefs under Sections 17 to 22 of the Domestic
Violence Act. However, it gave a clarification
procedure for disposal of an application under Section 12
or under sub- Section 2 of Section 23 .
9. It is held that the Family Court ... application under sub-Section (1) of
Section 12 seeking reliefs under Sections 17 to 22 of the Domestic
Violence Act. However, it gave a clarification
procedure for disposal of an application under Section 12
or under sub- Section 2 of Section 23 .
9. It is held that the Family Court ... application under sub-Section (1) of
Section 12 seeking reliefs under Sections 17 to 22 of the Domestic
Violence Act. However, it gave a clarification
Criminal Procedure Code ”. He eventually concluded that
“the application under Section 12 of the Domestic Violence Act cannot be
construed as a civil natured proceedings ... Court, a petition under Section 482 Cr.P.C. was not
maintainable to quash an application filed under Section 12
aforementioned, the
emphasis on `aggrieved person, `domestic violence,
`domestic incident report is eloquent. As per Section
12 , aggrieved person or protection officer or any other ... facts of domestic violence;
Section 19 empower the Magistrate to pass residence
orders while disposing of application under Section 12(1)
of the Act; section
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
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
