Protection of Women From Domestic Violence Act, 2005, Section 12, 18, 19, 20, 21, 22, 23, 28, Criminal Procedure Code, 1973, Section 125(3), 421 -- Orders passed u/ss 12, 18 to 23 PWDV Act - Execution of orders - Magistrate was required to abide by provisions of S.125(3) Cr.P.C for securing compliance of orders passed u/ss 12, 18 to 23 PWDV Act...........
Evidence Act, 1872, Section 45, Protection of Women From Domestic Violence Act, 2005, Section 12, 18, 19, 20, 22, 28(2) -- Voice sample - Proceedings u/ss 12, 18, 19, 20 & 22 Domestic Violence Act - Magistrate in the matters of domestic violence has power to adopt procedure as per S.28(2) of PWDV Act - If there is adequate material on record having potential to prove..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 28(2) -- Proceedings u/s 12 of the Act - Evidence by way of affidavit - Court can allow evidence on affidavit in its discretion - Court can devise its own procedure which would include permitting evidence by way of an affidavit...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 28 -- Order of maintenance - Enforcement - To enforce a order of maintenance, Magistrate is mandated to follow the procedure laid down u/s 125 Cr.P.C as per S.28 of PWDV Act...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 28 -- Order of maintenance - Enforcement - To enforce a order of maintenance, Magistrate is mandated to follow the procedure laid down u/s 125 Cr.P.C as per S.28 of PWDV Act...........
Protection of Women From Domestic Violence Act, 2005, Section 23(2), 28 -- Maintenance pendente lite - Non payment - Defence can be struck off if default is found to be deliberate and wilful - However, such an order ought to be passed only as a last resort...........
Protection of Women From Domestic Violence Act, 2005, Section 28(2) -- Nature of proceedings under the Act - Depends upon nature of relief sought and not upon nature of forum - A proceeding that deals with right of civil nature does not cease to be so just because the forum for its enforcement prescribed by the statute is Criminal Court...........
Protection of Women From Domestic Violence Act, 2005, Section 28(2) -- Proceedings under the Act - Act in general is of civil kind and reliefs available thereunder are of civil nature, but the forum prescribed to secure reliefs is Criminal Court...........
Protection of Women From Domestic Violence Act, 2005, Section 28(2) -- Proceedings under the Act - Even though S.28(1) of the Act provides that all proceedings u/ss 12, 18 to 23 of the Act and for offence u/s 31 of the Act shall be governed by provisions of Cr.P.C, Court can still lay down its own procedure while dealing with applications u/s 12(1) of the Act or while..........
Protection of Women From Domestic Violence Act, 2005, Section 23(2), 28 -- Interim maintenance - Default in payment - Striking off defence - Wife is a dependent unemployed woman and husband has ability to maintain her - Interim maintenance was awarded in 2018 by trial Court but not a single month's maintenance is paid so far - Failure on the part of husband to pay interim..........
