Court : Punjab and Haryana
..... petitioner no.1 has obtained a decree of divorce on 16.1.2013 (annexure p-3).i have heard counsel for the petitioners and i am of the opinion that the proceedings of the complaint under the act, are to be treated by the judicial magistrate in accordance with the procedure prescribed in the act and the protection of women from domestic violence rules, 2006 ( for short 'the rules).after having received a notice, the petitioners are required to appear before the magistrate. ..... i have heard counsel for the petitioners and i am of the opinion that as per the procedure prescribed in chapter iv of the act and the rules, the relief which can be sought from the magistrate under the act, could be right to reside in a shared house hold, protection orders u/s 18, residence orders u/s 19, monetary relief u/s 20, custody orders u/s 21 and compensation orders u/s 22 of the act. ..... through the instant petition, the petitioners seek quashing of criminal complaint no.51 dated 30.5.2009 u/s 12 of the protection of women from domestic violence act, 2005 ( for short 'the act').filed by the respondent. .....
Tag this Judgment!Court : Punjab and Haryana
..... application under section 12 of the prevention of women from domestic violence act, 2005 (for short the act . ..... section 12 under chapter iv of the act deals with application to magistrate seeking one or more reliefs under the act, that is to say: (i) right to reside in a shared household (section 17) (ii) protection order (section 18) (iii) residence orders (section 19) (iv) monetary reliefs (section 20) (v) custody orders (section 21) (vi) compensation orders (section 22) (vii) power to grant interim and ex parte orders (section 23) section 28 of the act deals with procedure and a relevant ..... chapter iv of the act provides for obtaining orders/reliefs ..... nothing in sub-section (1) shall prevent the court from laying down its own procedure for disposal of an application under section 12 or under ..... the code of criminal procedure (for short the code . ..... it is argued that the respondent left the matrimonial home in the year 2007 and lodged proceedings under section 12 of the act in the year 2012 with an intent to wreak vengeance and cause harassment to the petitioners and others.respondent no.2 is working as a teacher and has sufficient means ..... counsel for the petitioners is fair enough to concede that in proceedings under section 12 of the act for claiming any of the aforesaid reliefs, the presence of the respondent(s) therein cannot be procured by coercive means i.e.warrants (bailable or non-bailable).it is also not denied that personal appearance of the respondent(s) is not required during .....
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