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1 - 10 of 11 (0.28 seconds)The Protection of Women from Domestic Violence Act, 2005
Bhupender Singh Mehra vs State Nct Of Delhi & Anr. on 8 October, 2010
It is one thing to say that Parliamentary
mandate to the court is to take into
consideration, in every case, a protection
officers' report as a precondition for
exercise of jurisdiction as the petitioner
contends and entirely another to say that if
"any' such report is available, it shall be
considered. This clear cut difference, in our
opinion was lost sight of by the Single
Judge in Bhupender Singh Mehra's case. If
Parliament had indeed mandated that in
every case the court was obliged to call for
protection Officer's report, and thereafter
proceed with the complaint, the structure of
Section 12 would have been entirely
different. Such intention would have been
expressed in more definitive, or imperative
terms. In this context, this court is also
unpersuaded by the Petitioner's
arguments that the Rule 6 and the Form
appended to the Rules have to be read into
Section 12 to discern the precondition
urged.
Section 23 in The Protection of Women from Domestic Violence Act, 2005 [Entire Act]
Kiran Dutta vs State & Anr. on 11 February, 2014
9. The appellant has further referred to the findings given
by the Hon'ble Delhi High Court in Ravi Dutta Vs. Kiran Dutta
2014(2) RLR 103 wherein it has been observed by the Hon'ble
High Court that: