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What is Application to Magistrate? What is Service of notice? Section 12 and 13 of The Protection of women from Domestic Violence Act 2005

 
 

Application to Magistrate and Service of notice are defined under section 12 and 13 of Domestic Violence Act 2005. Provisions under these sections are:

Section 12 of Domestic Violence Act "Application to Magistrate"

1. An aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person may present an application to the Magistrate seeking one or more reliefs under this Act:

Provided that before passing any order on such application, the Magistrate shall take into consideration any domestic incident report received by him from the Protection Officer or the service provider.

 

2. The relief sought for under sub-section (1) may include a relief for issuance of an order for payment of compensation or damages without prejudice to the right of such person to institute a suit for compensation or damages for the injuries caused by the acts of domestic violence committed by the respondent:

 
 

Provided that where a decree for any amount as compensation or damages has been passed by any court in favour of the aggrieved person, the amount, if any, paid or payable in pursuance of the order made by the Magistrate under this Act shall be set off against the amount payable under such decree and the decree shall, notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908), or any other law for the time being in force, be executable for the balance amount, if any, left after such set off.

3. Every application under sub-section (1) shall be in such form and contain such particulars as may be prescribed or as nearly as possible thereto.

4. The Magistrate shall fix the first date of hearing, which shall not ordinarily be beyond three days from the date of receipt of the application by the court.

5. The Magistrate shall endeavour to dispose of every application made under sub-section (1) within a period of sixty days from the date of its first hearing.

Section 13 of Domestic Violence Act "Service of notice"

1. A notice of the date of hearing fixed under section 12 shall be given by the Magistrate to the Protection Officer, who shall get it served by such means as may be prescribed on the respondent, and on any other person, as directed by the Magistrate within a maximum period of two days or such further reasonable time as may be allowed by the Magistrate from the date of its receipt.

2. A declaration of service of notice made by the Protection Officer in such form as may be prescribed shall be the proof that such notice was served upon the respondent and on any other person as directed by the Magistrate unless the contrary is proved.

 

Domestic Violence Act 2005

What are the definitions in Domestic Violence Act? Section 2 of The Protection of women from Domestic Violence Act 2005

What is Definition of domestic violence? Section 3 of The Protection of women from Domestic Violence Act 2005

What is Information to Protection Officer and exclusion of liability of informant? Section 4 of The Protection of women from Domestic Violence Act 2005

What are the Duties of police officers, service providers and Magistrate? Section 5 of The Protection of women from Domestic Violence Act 2005

What are the Duties of shelter homes? What are the Duties of medical facilities? Section 6 and 7 of The Protection of women from Domestic Violence Act 2005

What are Appointment of Protection Officers? What are the Duties and functions of Protection Officers? Section 8 and 9 of The Protection of women from Domestic Violence Act 2005

Who are Service providers? What are the Duties of Government? Section 10 and 11 of The Protection of women from Domestic Violence Act 2005

What is Application to Magistrate? What is Service of notice? Section 12 and 13 of The Protection of women from Domestic Violence Act 2005

What is Counseling? What is Assistance of welfare expert? How Proceedings to be held in camera? Section 14, 15 and 16 of The Protection of women from Domestic Violence Act 2005

What is Right to reside in a shared household? What are Protection orders? What are Residence orders? Section 17, 18 and 19 of The Protection of women from Domestic Violence Act 2005

What are Monetary relief? What are Custody orders? What are Compensation orders? Section 20, 21 and 22 of The Protection of women from Domestic Violence Act 2005

What is Power to grant interim and ex parte orders? What is the meaning of Court to give copies of order free of cost? What is Duration and alteration of orders? Section 23, 24 and 25 of The Protection of women from Domestic Violence Act 2005

What is Relief in other suits and legal proceedings? What is Jurisdiction? What is Procedure? What is Appeal? Section 26, 27, 28 and 29 of The Protection of women from Domestic Violence Act 2005

What is Protection Officers and members of service providers to be public servants? What is Penalty for breach of protection order by respondent? Section 30 and 31 of The Protection of women from Domestic Violence Act 2005

What is Cognizance and proof? What is Penalty for not discharging duty by Protection Officer? What is Cognizance of offence committed by Protection Officer? Section 32 33, and 34 of The Protection of women from Domestic Violence Act 2005

What is Protection of action taken in good faith? What is Act not in derogation of any other law? What is Power of Central Government to make rules? Section 35 36, and 37 of The Protection of women from Domestic Violence Act 2005

 

 

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