Section 3 of the Domestic
Violence Act, 2005, and the ingredients of "domestic violence" as per
Section 3 of the Domestic Violence ... prosecuted under Section 498-A and Section 323 of the Indian
Penal Code.
Though, in the application under Section 12 of the
Domestic Violence
domestic violence from an aggrieved person. The act of domestic
violence is also defined in Section 3 of the aforesaid Act. As per Section 12 ... other application under Section
127 Cr.P.C. will not effect the application filed under Section 12 of the
Domestic Violence
submitted that the proceedings under Section 498A IPC and
under Section 12 of the Protection of Women from Domestic Violence Act, 2005
are quite different ... settled that the proceedings under Section 498A IPC and under
Section 12 of the Protection of Women from Domestic Violence Act, 2005 are
quite different
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
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
application under Section 12 of the Act are women and Section 2(q) of the Protection of Women from Domestic Violence Act, would require ... under Section 18 prohibiting acts of domestic violence; Residence orders under Section 19 in relation to a shared household; Monetary reliefs under Section 20 including
under Section 498A and 406 IPC. The respondent wife also filed an application under Section 12 of the Protection of Women (from Domestic Violence ... application under Section 12 read with Sections 17 , 18 , 19 , 20 , 22 and 23 of the Protection of Women From Domestic Violence Act, 2004. However
Protection Officer is Ex.D/12 and the application filed under Section
12 of the Protection of Women from Domestic Violence ... lodged various cases like under
Sections 498-A of IPC, under Section 12 of Protection of Women
from Domestic Violence Act and under Section
bound to send for a report of any
domestic incident before issuing notices.
18 Section 12 of the DV Act is reproduced as under ... entertain an
application under Section 12 of the Act."
As already discussed above, proviso to Section 12(1) only
stipulates that the Magistrate shall
wife had filed the Criminal Miscellaneous
Petition under Section 12 of The Protection of Women from Domestic
Violence Act.
12. Opposing the averments made ... respondent-wife has filed a Petition under Section 12 of The
Domestic Violence Act, in C.C. No. 298 of 2013 against the appellant
