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
12. By reading of Section 2(f) along with Section 3 of
the DV Act, if any such act as mentioned in Section ... disposing of an application
under Sub-section (1) of Section 12 , the
Magistrate may, on being satisfied that
domestic violence has taken place, pass
petition under section 12 of D.V. Act. Section 12
of the Act empowers victim to file a petition before Magistrate
regarding domestic violence; section ... aggrieved person under section 18 , section 19 , section 20 , section
21 or, as the case may be, section 22 against the respondent.
Section 20 reads
12 of the Domestic Violence Act and the specific provision for the offence committed under the Domestic Violence Act is an offence under Section ... domestic violence and to prevent the occurrence of domestic violence in the society. There is no limitation provided for filing a complaint under Section 12
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
order dated 31.5.2014 by which application of wife was allowed under section 12 Domestic Violence Act.
3. The impugned orders have been challenged ... stop violence ( section 18 ), monetary relief like maintainence ( section 20 ), custody order ( section 21 ) and compensation order ( section 22 ). Section 12 provides:
"Application
pending before Judicial Magistrate First
Class, Jabalpur under Section 12 of Protection of Women from
Domestic Violence Act,2005.
2. The facts of the case ... moved an
application under Section 12 of Protection of Women from
Domestic Violence Act for every relief which can be granted
under
Deep Mala Dwivedi Vs. Anurag Dwivedi and another), under Section 12 of Domestic Violence Act, Police Station Shivli pending in the court of learned Judicial ... Deep Mala Dwivedi Vs. Anurag Dwivedi and another), under Section 12 of Domestic Violence Act, Police Station Shivli pending in the court of learned Judicial
aggrieved person under section
18 , section 19 , section 20 , section 21 or, as the case may be, section 22
against the respondent.
21. From bare ... aggrieved person
under section 18, section 19, section 20, section 21 or, as the case may
be.
23. Section 19 reads as under:-
"Residence