Wednesday, August 4, 2021

Order under Section 12 of Domestic Violence Act How to enforced ? Karnataka High Court (Section 12 of the Protection of Women from Domestic Violence Act, 2005 (DV Act) )

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Order under Section 12 of the Domestic Violence Act can be enforced in the same manner as maintenance orders under CrPC. 

Section 12 of the DV Act says an application to be filed before a Magistrate by an aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person seeking one or more reliefs under the Act. Incorporated in Section 125 of the CrPC, the Court observed. 

"It is very clear from the above provisions that for enforcement of order passed under Section 12 of the DV Act, the parties have to file an application before the jurisdictional Magistrate and the Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines and may sentence such person."

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