Section (1) and sub-section (2) of
Section 7 of the Act 1984 and not to the jurisdiction of the Magistrate
under Section 21 ... Sections 7 and 8 of the Act, 1984.
17. No doubt, Section 20 of the Act 1984 accords provisions of
the said Act primacy over
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failed to appreciate the scope of Section 21 of DV Act and the scope
of visitation rights. The visitation rights can only ... against whom the aggrieved person has sought
any relief under this Act. Section 21 is referred to in the said
paragraph and it is observed
21, 64/21 and 104/21 Page no. 5 of 22
the Act. Although, Section 21 of the Act of 2005 also contains ... that
CA no. 61/21, 64/21 and 104/21 Page no. 15 of 22
the remedies under the DV Act are in addition
that in
absence of specific reference to Section 482 of CrPC in
Section 28 of DV Act, it would clearly mean that the
Legislature ... maintainability of this application under Section 482 of
CrPC shall be considered.
Section 28 of the DV Act reads as under:-
''28. Procedure
referred to a larger
Bench because it ignores Section 28 of the DV Act and other
relevant judgments delivered by different Courts and only relies ... Section 6 of the Cr PC classifies the criminal Courts.
The Presidency Magistrate is one of the Courts mentioned
in the section. Under Section 21
prescribed, of
the aggrieved person under Section 18 ,
Section 19 , Section 20 , Section 21 or, as
Signature Not Verified
Digitally Signed
By:SUNIL ... Section 12 of the Act."
26. From the above, it would be apparent that though Sub-section
(1) of Section 28 of the DV
referred to a larger
Bench because it ignores Section 28 of the DV Act and other
relevant judgments delivered by different Courts and only relies ... Section 6 of the Cr PC classifies the criminal Courts.
The Presidency Magistrate is one of the Courts mentioned
in the section. Under Section 21
Act , is prescribed under Section 28 of the Act. Sub-section (1) of Section 28 , while drawing a distinction between 'proceedings' under Sections ... prescribed, of the aggrieved person under section 18 , section 19 . section 20 , section 21 or, as the case may be, section 22 against the respondent
under Section 19(8) .
f). To give the marriage and reception
expenses which were spent by the complainant
Rs.10 lakhs under section ... petitioner directly or indirectly or through
telephone under section 21 DV act.
h).To pay a compensation of Rs.1 Crore to the
petitioner
Order. Section 20 DV Act provides for Monetary Relief while
Section 21 DV Act deals with the Custody of the child. In addition, Section ... Section 18 .
(p) "Residence Rrder" means an order granted in
terms of Sub-Section (1) of Section 19 .
50. Section 18 DV Act
