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us sec. 12 of Domestic Violence act complaint is civil or crl proceedings

(Querist) 06 February 2011 This query is : Resolved 
R/Experts
Proceeding us sec. 12 of Domestic Violence act complaint is civil or crl proceedings for the purpose of summoning of respondents residing abroad through Ministry of Home India Govt. Regards
Arvind Singh Chauhan (Expert) 06 February 2011
There is no citation yet on this question. But I think it must be deemed criminal proceeding as it is clearly mentioned in Act that Cr.P.C shall be applied or magistrate may adopt procedure as he thinks fit.

Summon may be sent through embassy or Concerned ministry.
Raj Kumar Makkad (Expert) 06 February 2011
SC has decided first such appeal wherein it has been held that proceeding under section 12 of Domestic Violence Act shall run like a civil matter so summons shall also be issued accordingly.
a.manoharan (Expert) 07 February 2011
It is criminal proceedings only . in private complaints also summons areissued
Adinath@Avinash Patil (Expert) 07 February 2011
IT IS QUASI CIVIL THE PROVISIONS OF CODE OF CRIMINAL PROCEDURE ARE APPLICABLE.
Arvind Singh Chauhan (Expert) 07 February 2011
Raj Sir thanks for the information Plz refer the citation.
Guest (Expert) 07 February 2011
I agree with Mr. Adinath. Protection order is not a punishment, it is disobedience of order which made punishable. In order to ensure and expedite the effective remedy procedure mentioned in criminal procedure code adopted. It is also made clear in sub-clause (2) of section 21 that .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 sub-section (2) of section 23.
Uma parameswaran (Expert) 07 February 2011
It is civil in nature and using Criminal procedure.
SANJAY GUPTA (Expert) 07 February 2011
yes agree with Uma ji
Vijyant Nigam (09807349001) (Expert) 08 February 2011
i do agree with mr. Adinath ji, Naresh ji and Uma ji
NOTTAM VENKATASAMY (Expert) 09 February 2011
I AGREE WITH UMAJI


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