Protection of Women from Domestic Violence Act, 2005
Section 12—Order issuing non-bailable warrants—Challenged—Proceedings under Domestic Violence Act are quasi criminal in nature and an application under Section 12 of the Act filed by an aggrieved person is not a criminal complaint—If the respondent in an application under Section 12 of the Act does not appear before the court despite service of summons, the only course open to the Magistrate is to proceed ex parte against him and not to issue warrants for securing his personal presence, unless any offence as defined under Domestic Violence Act has been committed by the respondent—Issuance of warrants against petitioner by the trial Magistrate, therefore, not sustainable in law, the same deserves to be quashed—Petition allowed.
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