Protection of Women From Domestic Violence Act, 2005, Section 12 -- Respondent before Court in an application u/s 12 of the Act is not an accused - Requirement of framing charge does not arise...........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 482 -- Application u/s 12 of Act of 2005 - Quashing of proceedings - An application u/s 482 Cr.P.C. does not lie to quash an application filed u/s 12 of Act of 2005...........
Protection of Women From Domestic Violence Act, 2005, Section 12, Constitution of India, 1950, Article 227 -- Application u/s 12 Act of 2005 - Magistrate exercising jurisdiction under Chapter IV of Act of 2005 is certainly a subordinate Court for the purposes of Article 227, and a petition under Art.227 of the Constitution is available to challenge the proceedings under..........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 227 -- Application u/s 12 of Act of 2005 - Quashing - A petition to quash an application u/s 12 Act of 2005 is maintainable only by way of a petition under Article 227 of the Constitution and not under S.482 Cr.P.C...........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 227 -- Application u/s 12 Act of 2005 - Law as to - Enumerated...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 19 -- Order passed u/s 19 of the Act - Non-consideration of domestic incident report - Court is under obligation to consider report of Protection Officer or service provider while considering application u/s 19 of the Act, if same is available on record - In case there is no report available on record then..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 19 -- Order passed u/s 19 of the Act - Non-consideration of domestic incident report - No such objection regarding non-consideration of domestic incident report was raised before trial Court - Therefore, it is not open for applicant to raise it for first time before High Court in proceedings u/s 482 Cr.P.C,..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 23 -- Application u/s 12 of the Act - Ex parte order u/s 23 of the Act - No separate application is required to be filed for exercise of powers u/s 23 of the Act - Magistrate has to act on application filed u/s 12 of the Act and in case he is satisfied that application discloses that respondent is committing..........
Protection of Women From Domestic Violence Act, 2005, Section 12(2), 19 -- Residence order - Mere fact that maintenance u/s 125 Cr.P.C is already granted to wife, cannot limit the grant of relief u/s 19 of PWDV Act, as order u/s 125 Cr.P.C and residence order u/s 19 of the Act operate in two different spheres...........
Protection of Women From Domestic Violence Act, 2005, Section 12(2), 19 -- Residence order - Violation of provision of S.12(2) of the Act - S.12(2) of the Act, would come into play only when Court is considering application or grant of payment of compensation or damages - While passing an order u/s 19 of the Act, Magistrate would grant relief envisaged in S.19(a) to (f) of..........
