Section 12 is completely different
from Section 200 of the CrPC or Section 223 of the BNSS.
22. Section 28 of the DV Act ... application
under Section 12 or under Sub-section (2) of Section 23 .
Jurisdiction to entertain an application under Section 12
23. Now we come
section (1) of 28 of the DV Act , the
Supreme Court emphasised that Sub-section (2) of Section 28 of the
DV Act has been ... section
(2) of Section 28 of the DV Act gain
significance. Whereas proceedings under
certain sections of the DV Act as specified in
sub-section
order under Section 19 ; Monetary reliefs under
Section 20 ; Custody order under Section 21 and Compensation
Order under Section 22 of DV Act ... under Section 19 ,
Monetory relief under Section 20 , Compensation order under
Section 22 as well as interim relief under Section 23 of DV Act
order under Section 19 ; Monetary reliefs under
Section 20 ; Custody order under Section 21 and Compensation
Order under Section 22 of DV Act ... under Section 19 ,
Monetory relief under Section 20 , Compensation order under
Section 22 as well as interim relief under Section 23 of DV Act
DV Act against the respondents for reliefs under Section 18 ,
19 , 20 and 22 DV Act alongwith an application under Section 23
DV Act ... reply to the said
application under Section 12 DV Act and application under
Section 23 DV Act and 'Income and Expenditure' affidavit
still awaited. No doubt, Section 28 of the
DV Act does permit the Court dealing with cases under DV Act to lay
down ... procedure for deciding applications under Section 12 or
sub- Section 2 of Section 23 of DV Act but the procedure so evolved
DV Act is a criminal
offence under Section 31 of the DV Act. However, no order was
passed under Section 18 of the DV Act ... offence under DV Act
Domestic violence defined in Section 3 of the DV Act per
se is not an offence and the Act does
Calcutta has the jurisdiction under
section 27 of the DV Act to deal with the Application under section
12 / 23 of the DV Act ... Therefore, the first part of Section 482 cannot apply to proceedings under
Section 12(1) of the DV Act, 2005.
32. The second part
Scheme of DV Act . The DV Act conferred the power on the
judicial Magistrate to deal with the application under Section 12 . The
appeal ... Court Act and DV Act and in particular
Section 26 (3) of the DV Act makes it clear that though the relief under
Section
Application under Section 12 of the DV Act or Sub- Section 2 of Section 23
of the DV Act.
35. It is evident that ... incorporated
Sub-Section (2) of Section 28 of the DV Act by keeping a defined purpose
in mind Section 28 of DV Act in making
