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
Gurgaon would have been the proper Court where application under Section 12 of
Domestic Violence Act should have been filed.
3. The respondent in this ... stay in Delhi qualifies
her to file an application under Section 12 of Domestic Violence Act.
4. In Sarat Kumar Pandey this court had observed
marriage did not succeed, the
husband/petitioner filed a petition under Section 12 of Hindu
Marriage Act for declaring the marriage as null and void ... against the husband under Section
498A / 406 IPC and then filed an application under Section 12 of
Domestic Violence Act.
3. It is not relevant
also filed an FIR u/s
498A / 406 IPC against respondent and thereafter filed an application
under Section 12 of Domestic Violence Act seeking therein ... averments made by both the parties, observed that Section 12(2) of
the Domestic Violence Act provides that compensation can be
claimed by the parties
Protection of Women from Domestic
Violence Act (in short Domestic Violence Act), she filed an application
under Section 12 of Domestic Violence ... have a right to move an
application under Section 12 of Protection of Women
from Domestic Violence Act on the basis of domestic
relationship. Domestic
judgment should be reported in Digest? Yes.
JUDGMENT
By this petition under Section 482 Cr.P.C. the petitioner
has assailed an order dated 22nd ... dismissed.
2. The petitioner filed an application under Section 12 of
the Protection of Women from Domestic Violence Act, 2005 (in short
learned
Magistrate taking cognizance of a complaint under Section 12 of The Protection of
Women from Domestic Violence Act, 2005 (in short ... application by the court. Section 13 provides that a notice of date of hearing fixed
under Section 12 shall be given by the Magistrate
Page 1 of 4
Magistrate (MM) under Section 12 of Protection of Women from Domestic Violence
Act and also made an interim application for residence
