Procedure to be followed by Magistrate in Domestic violence Act
As such setting aside of
ex-parte order by the Magistrate under the
Protection of Women from Domestic Violence
Act-2005 cannot be said to be arbitrary or against
the basic principles of judicial procedure,
particularly when sub- Section (2) of sub-Section
28 of the Act, provides that nothing in subSection (1) shall prevent the Court from laying
down its own procedure for disposal of an
application under Section 12 or sub-Section (2)
of Section 23.
Citation;2013(1)Crimes 352(Uttarkhand)
IN THE HIGH COURT OF UTTARAKHAND AT
NAINITAL
CRIMINAL MISC. APPLICATION No. 833 of 2010
(Under Section 482 of Cr.P.C.)
Nirmal Jeet Kaur W/o Shri Trilok Singh R/o Ram Nivas
Versus
1. State of Uttarakhand,
Hon’ble Prafulla C. Pant, J.
Decided on ;16-8 2012