Section 12 Of Domestic Violence Act ... vs Unknown on 10 May, 2018
IN THE COURT OF MS. RENU BHATNAGAR,
ADDITIONAL SESSIONS JUDGE SPECIAL FAST TRACK ... Sachin Sharma v Beena Sharma Page No. 1 of 6
Section 12 of Domestic Violence Act whereby the Court
ordered a maintenance
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
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
Domestic Violence Act and the law, as cited. Section 28 of the
Domestic Violence Act mandates all proceedings under Sections 12 ... application under
Section 12 or on any of the reliefs under Sections 18 to 22 of the Domestic
Violence Act, then and then only
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
first application u/s 23 of Domestic
Violence Act seeking interim relief was filed alongwith main application
u/s 12 r/w section ... appellant for not impleading the
proposed respondent when application u/s 12 of the Domestic Violence Act
filed by her.
16 Moreover, in view
section (2) of Section 28 , for the disposal of an
application under Section 12 or under sub-section (2) of
Section 23 , the provisions ... Domestic Violence
Act, nothing has been stated that their act would amount to domestic
violence. A perusal of the application filed 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."
CRMC ... section 18,
section 19, section 20, section 21 or, as the case may be.
16. Hence, it is clear from the provision of section
