makes it incumbent on the Magistrate to
make enquiry of the same under the Code of Criminal Procedure ,
1973, reliefs under Sections ... reliefs claimed under Chapter IV of
the Act are not offences and enquiry of rights of the aggrieved person
under Sections
makes it incumbent on the Magistrate to
make enquiry of the same under the Code of Criminal Procedure ,
1973, reliefs under Sections ... reliefs claimed under Chapter IV of
the Act are not offences and enquiry of rights of the aggrieved person
under Sections
respondent is capable of paying the amount and it is only
after enquiry court has to decide the monitory relief sought
by petitioner ... petitioner. Trial court further erred in
holding that it is only after enquiry it can decided as to the
financial capacity of the respondent
frame charges
for the breach of the order and after holding enquiry if it is
satisfied that the protection order has been breached ... power to take
cognizance of the offence and thereafter holding an enquiry,
the order has to be passed'.
12. But whereas in this case
frame charges
for the breach of the order and after holding enquiry if it is
satisfied that the protection order has been breached ... power to take
cognizance of the offence and thereafter holding an enquiry,
the order has to be passed'.
12. But whereas in this case
there is no offence at all. The enquiry under Section 12 may culminate
with the granting of one or more of the civil reliefs ... procedure under the Cr.P.C . This was necessary since the
enquiry conducted by the Magistrate under the D.V. Act is not akin
there is no offence at all. The enquiry under Section 12 may culminate
with the granting of one or more of the civil reliefs ... batch
enquiry conducted by the Magistrate under the D.V. Act is not akin to an
enquiry under Chapter
regard, Section 177 of Cr.P.C. refers to the place of enquiry of trial
and in the present case on hand, the commission ... Officer would
therefore, not apply at the stage of initiation of the enquiry under Section 12
of the Act. The contention of the petitioners that
respondent and
hence, before considering I.A.No.1 to III, conducting
enquiry is required as per law. Children are living with
him and other ... Hence, it
is prayed court to pass order to conduct enquiry on
I.A.No.1 to 3.
7 Crl.A.No.642/2014
there is no offence at all. The enquiry under Section 12 may culminate
with the granting of one or more of the civil reliefs ... batch
enquiry conducted by the Magistrate under the D.V. Act is not akin to an
enquiry under Chapter
