FIRST LAW

The Protection of Women from Domestic Violance Act, 2005 - Sections 12 and 18 - Application to Magistrate - Protection Orders - What should be the period of limitation for filling a complaint under Sections 12 and 18 of the Act.

Penal Code, 1860 - Ss. 294 (b), 506, 323, 34 - Protection of Women from Domestic Violence Act, 2005 - S. 31 –  Penalty for breach of protection order by respondent - Cognizance and proof -  Accused persons had gone to the residence and threatened and manhandled - therefore ordinarily the matter would require investigation - No illegality or impropriety has been committed in the registration of the crime.

The Code of Criminal Procedure, 1973 – Section 125 - The Protection of Women from Domestic Violence Act, 2005 - Sections 20 and 23 - Monetary Reliefs - An order under Section 20 DV Act is not restricted by an order under section 125 Cr.P.C.

Protection of Women from Domestic Violence Act, 2005 - Section 27 - Jurisdiction - Section 27 (c) is like an exception to the provisions contained in Section 27 (a) 27 (b) of the Act of 2005. The “cause of action” may not necessarily accrue at a place covered by Section 27 (a) or Section 27 (b) of the Act of the 2005. The provisions contained in Section 27 (a) and Section 27 (b) of the Act are relatable to the principle of territorial jurisdiction, which is the place where the contingencies enumerated in Section 27 (a) and Section 27 (b) of the Act that may arise within the territorial jurisdiction of a particular Court and that will become the guiding factor for deciding the place of suing by the aggrieved person.

Protection of Women from Domestic Violence Act, 2005 - Sections 19 and 20 - A hapless wife who is subjected to domestic violence is entitled to residence orders under Section 19 and monetary reliefs under Section 20 of the Act.

Protection of Women from Domestic Violence Act, 2005 -  Ss. 23 & 29 -  Criminal P.C. 1973 - Ss. 125, 399 & 401 - A revision u/s. 399 r/w. 401 Cr.P.C. and an appeal u/s. 29 of the DV Act, against the order granting maintenance u/s. 125 Cr.P.C. and u/s. 23 of the DV Act respectively, would be maintainable, and would be entertained and heard without any pre-condition of deposit of the arrears of maintenance.

Protection of Women from Domestic Violence Act, 2005 - the magistrate passing the ex parte residence orders under section 19 of the Domestic Violence Act is equally competent under section 23 (1) of the Act to enforce its order vacating the ex parte order and necessary directions can be issued to the jurisdictional SHO to enforce its order.

Whether or not the proceedings under the Protection of Women from Domestic Violence Act, 2005 are in the nature of criminal proceedings ?

The Delhi High Court on Tuesday, 17th April 2018 in S Vs. J held that t he Family Court is empowered to formulate its own procedure for disposal of the petitioner’s application under D.V. Act. In that view of the matter, it is not mandatory for the Family Court to follow Cr.P.C.

The Protection of Women from Domestic Violence Act, 2005 was enacted on 13 th  September, 2005 and came into force on 26 th  October, 2006.  The Statement Objects and Reasons of the Act record that the civil law does not address the phenomenon of domestic violence and therefore, a law be enacted to provide a remedy in civil law for protection of women from being victims of domestic violence. 

The Delhi High Court on Tuesday, 17th April 2018 in  S Vs. J  held that t he Family Court is empowered to formulate its own procedure for disposal of the petitioner’s application under D.V. Act. In that view of the matter, it is not mandatory for the Family Court to follow Cr.P.C.

Protection of Women from Domestic Violence Act,  2005 - S. 26 -  What is the nature of proceedings under Section 26 of the D.V. Act ?  What procedure is to be followed by the Court in adjudicating an application under Section 26 of the D.V.  Act ?  Whether the Court is bound to follow Code of Criminal Procedure, 1973  to  adjudicate an application under Section 26 of the D.V.  Act ? 

Protection of Women from the Domestic Violence Act, 2005 -  Section 12 - W hether in an application filed under the DV Act, the Applicant can be permitted to file affidavit in evidence.

Protection of Women from Domestic Violence Act, 2005 - I n case of divorcee wife, the complaint by the divorcee wife under the provisions of the Act, 2005 shall be maintainable so far it relates to divorced husband for lawful responsibilities arising out of the marriage that existed between them at one point of time.