Section 12 DV Act Archives

Bar of limitation period under S. 468 CrPC applies only to penal proceedings under S. 31 DV Act: J&K and Ladakh HC

In the present case, the petitioner has wrongly equated filing an application under Section 12 of DV Act to lodging of a complaint or initiation of a prosecution. However, such application cannot be equated with a complaint within the meaning of Section 200 CrPC or Section 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

High Courts inherent jurisdiction DV Act

Case Briefs Supreme Court

Supreme Court | High Courts can quash proceedings under Section 12 of DV Act pending before Magistrate

“When it comes to exercise of power under Section 482 CrPC in relation to application under Section 12(1), the High Court has to keep in mind the fact that the DV Act, 2005 is a welfare legislation. Therefore, while exercising jurisdiction under Section 482 CrPC for quashing proceedings under Section 12(1), the High Court should be very slow and circumspect”.

Case Briefs High Courts

Whether right to claim monetary reliefs, protection order and compensation under the D.V. Act, extinguish on death of “aggrieved person”? Bom HC explains

Bombay High Court: Sandeep K. Shinde, J., examines whether an application under Section 12 of the Domestic Violence Act on behalf of

Case Briefs High Courts

Kar HC | Persons only in ‘domestic relationship’ as per S. 2 of Domestic Violence Act, 2005 can be made as respondent under S. 12 of DV Act

Karnataka High Court: Sreenivas Harish Kumar, J., allowed the petition and directed that there cannot be any proceedings against the petitioner under

Case Briefs High Courts

Madras HC | Can Criminal Proceedings instituted under DV Act be converted as Civil Proceedings, so as to transfer such proceedings before Civil Court or Family Court while exercising supervisory powers under Art. 227 of Constitution? Read on

Madras High Court: S.M. Subramaniam, J., held that Protraction and prolongation of litigations affecting women can never be encouraged by the Courts.

Case Briefs High Courts

Bom HC | Divorced wife, who continues to cohabit with the husband, is entitled to filed proceedings under S. 12 of DV Act

Bombay High Court: Mangesh S. Patil, J., dismissed a criminal revision application filed against the order of the trial court whereby the application