Civil Procedure Code (CPC)

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RAJU............ (Business)     21 May 2013

Dv act 2005 u/s 12(5)

u/s 12(5) of the DV Act 2005, a magistrate shall endeavor to dispose of every application within a period of “sixty days” .The Act enjoins a magistrate to adhere to the deadline of SIXTY DAYS.

But the cases are prolonged even after SIXTY DAYS, therefore

i)              Is it necessary for the court to record the reasons in writing the compelling facts to continue the case beyond sixty days and inform the respondents accordingly.

ii)             What decides the jurisdiction of court

a)      It is the place of the offence or the residence , where the applicant resides, long after the offence ?

b)      What would ultimately be the marital status of the parties involved.

 

c)       Does the marriage gets dissolved automatically after the compensation is awarded to the applicant u/s 18 to 22 of the DV Act-2005.



 2 Replies

Chirag Bhagat (advocate)     21 May 2013

What decides the jurisdiction of court

a)      It is the place of the offence or the residence , where the applicant resides, long after the offence ?

answer : place of the offance

b)      What would ultimately be the marital status of the parties involved.

answer: still married. DV act not involved about martial status , the title of act itself says " Protection of woman from domestic violance act"

 

c)       Does the marriage gets dissolved automatically after the compensation is awarded to the applicant u/s 18 to 22 of the DV Act-2005.

answer : No,

1 Like

RAJU............ (Business)     21 May 2013

Will you please answer for:

u/s 12(5) of the DV Act 2005, a magistrate shall endeavor to dispose of every application within a period of “sixty days” .The Act enjoins a magistrate to adhere to the deadline of SIXTY DAYS.


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