Sub-section (2) of Section 28 of the Protection of Women from Domestic Violence Act, 2005 can be pressed into service when there is no provision available for implementing a particular order passed under the Protection of Women from Domestic Violence Act, 2005

Mr. Sachin Vs. Sau. Sushma

Bombay HC, Nagpur Bench

06/05/2014

MANU/MH/0601/2014; 2014(3)BomCR(Cri)266

About/from the judgment:

Sec 28(2) Domestic Violence Act!

 

Therefore, it is abundantly clear that basically the learned Magistrate has to follow the procedure laid down in Code of Criminal Procedure for recovery of maintenance either final or interim. Sub-section (2) of Section 28 of the Protection of Women from Domestic Violence Act, 2005 can be pressed into service when there is no provision available for implementing a particular order passed under the Protection of Women from Domestic Violence Act, 2005. If the procedure is available in Code of Criminal Procedure, that is necessarily to be followed.

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