under Section 482 CrPC, challenging the proceedings under
Section 12 of DV Act, is not maintainable and that a petition under
Article ... notice, can
always take recourse to Section 25 of the DV Act which expressly
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under Section 482 CrPC, challenging the proceedings under
Section 12 of DV Act, is not maintainable and that a petition under
Article ... notice, can
always take recourse to Section 25 of the DV Act which expressly
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Protection of Women from Domestic Violence Act,
2005 (for short the DV Act ) before the court of learned Judicial Magistrate
1st Class (Munsiff), Jammu ... favour in a proceeding under
Section 12 of the DV Act. It is contended that it is not legally permissible
to award maintenance in favour
Protection of Women from Domestic Violence Act,
2005 (for short ' DV Act '). The defacto complainant is the
mother-in-law of the petitioner ... Violence
Act, 2005 , was in force and the said act violated the aforesaid
order. Therefore, the offence under Section 31 (1) of the DV Act
this court:
i) Whether appeal in terms of Section of
the DV Act is maintainable against interim
order passed by Magistrate under Section ... DV Act?"
And the answer given to it in paragraph
no.8 itself would be a reply that an appeal under
Section
Protection of Women from Domestic Violence
Act, 2005 (' DV Act ').
2. Mr. Abhimanyu Lall, learned counsel for the petitioner submits that
section ... DV Act mandates that the Magistrate shall
Signature Not Verified
Digitally Signed
By:NEERAJ
Signing Date:01.05.2023 W.P.(CRL) 1178/2023 Page
First Class, Cachar in DV Case No. 169/2022, taking cognizance
against the petitioners under section 12 of the DV Act.
3. Issue notice returnable ... DV Case, the respondent no.1 is seeking monetary relief. It is
too well settled that the complaint under the DV Act is in addition
Women from Domestic Violence Act, 2005 (hereinafter
referred to as ' DV Act '), the learned trial court is competent to award
temporary custody ... passed by the
learned trial court under Section 21 of the DV Act which reads as
Page No.# 6/10
follows-
" S.21 Notwithstanding
Protection of Women from Domestic
Violence Act, 2005 (for short ' DV Act '), seeking various
relief. She also filed application under Section 23 seeking ... pass order on application filed
under Section 23 (2) of DV Act. However, it is made clear
that till order passed on merits
Protection of Women from
Domestic Violence Act (for short " DV Act ").
3. To prove the case of the petitioner, she examined
herself ... relationship" which is defined under
Section 2(f) of the DV Act and also "shared household" which is
defined under Section
