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.
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 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