2009 CRI. L. J. 3095 ::(2012) 1 MarriLJ 394 ::(2010) 2 DMC 57 ::(2009) 3 MPLJ 259

Madhya Pradesh High Court

Hon'ble Judge(s): B. M. Gupta , J

(A) Protection of Women from Domestic Violence Act (43 of 2005) , S.18— Protective order - Intention of Legislature is to provide more protection to women against victimization - However, this principle cannot be accepted that in domestic violence always a woman is a victim or sufferer party - Courts are required to be vigilant enough in deciding dispute as to which part of family is a victim of domestic violence - Passing protective orders merely on basis of documents, without their formal proof and upon hearing arguments - Is not permissible. (Para 9-B) (B) Protection of Women from Domestic Violence Act (43 of 2005) , S.12, S.18, S.28— Protection of Women from Domestic Violence Rules (2006) , R.6(5)— Criminal P.C. (2 of 1974) , S.125— Protective order - Application for - Provisions of R.6(5), S.28(1) and procedure as laid down for disposing of an application u/S.125, Criminal P.C. is required to be followed. 1975 Cri LJ 656 (All), 1977 Cri LJ 2072 (Kar) and 2005 Cri LJ 1455 (Guj), Rel. on.(Paras8-D9-C9-D10) (Para 8-D 9-C 9-D 10) .....