How To File An Application Under Domestic Violence Act Section 12

By Author: GetLegal India
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An application seeking relief for the aggrieved person may present to the magistrate by that person himself or by anyone on behalf of him. Read the following article to know more about how to file an application under the domestic violence act Section 12.

If an aggrieved person has a reason to acknowledge an act of domestic violence got committed, is being committed or is likely to be committed, that person must give the information about it to the concerned Protection Officer.

It is necessary to inform the Protection Officer of the concerned area either in writing or orally. You, as an aggrieved person, may even be intimate Service providers.

As to who are service providers, the Domestic Violence Act provides that a registered voluntary and unforced association or a registered company, whose purpose is to protect the interests and rights of women by lawful means, shall be the Service providers.

The State Government appointed officer in each district is called a Protection Officer. Generally, a woman is to be a Protection Officer.

Filing an application under Section 12 in the Domestic ...
... Violence Act, 2005
(Source - https://getlegalindia.com/domestic-violence-act/)

An aggrieved person, a Protection Officer, or any other person may submit an application to the Magistrate on behalf of the aggrieved person seeking one or more reliefs under the Domestic Violence Act. The Magistrate shall consider any domestic incident report received from the Protection Officer or the service provider before passing any order on such application.

The relief sought under sub-section (1) may include relief for allocation of an order for payment of compensation without preconception to the right of such person to initiate a suit for damages for the injuries caused by the act of domestic violence committed by the respondent.

Every application under sub-section (1) shall be in such form and contain such details prescribed.

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

The Magistrate shall try to abandon every application made under sub-section (1) within sixty days from the date of its first hearing.

Steps to be taken on Information or Complaint of Domestic Violence

If you or anyone on your behalf orally informs the Protection Officer about the domestic violence, the Protection Officer shall reduce the same into writing. Then, you or the person is supposed to sign that information called a complaint.

Whenever a Protection Officer receives a domestic violence complaint, the Protection Officer must inform you that you have a right to make an application for relief. This relief may be like any of the following orders:

(i) a protection order;
(ii) order for monetary relief;
(iii) custody order;
(iv) residence order;
(v) compensation order;

The duty to inform the above rights to the aggrieved person is not only of the Protection Officer but also of the service provider, police, or Magistrate who obtains a complaint of domestic violence.

Information about the availability of service providers, Protection Officers, and free legal services should also be provided to the aggrieved person.

Procedure to be Followed by the Magistrate

If the Magistrate considers the possibility of the case, he may conduct proceedings in camera. If you, the opposite party, or the aggrieved person, wishes Magistrate may order for conducting proceedings in camera.

While proceedings get conducted in-camera, the general public is not permitted to be present in the Courtroom or where the proceedings get conducted.

Code of Criminal Procedure contains the system for trial of criminal cases by the Court. Section 28 provides that save as otherwise provided in the Act. All proceedings under sections 12, 18, 19, 20, 21, 22 and 23 and violations under section 31 get governed by the Code of Criminal Procedure.

It is significant to note that the Domestic Violence Act provides that the above provision does not prevent the Court from laying down its procedure for disposal of an application under section 12 or sub-section (2) of section 23.

Conclusion

The aggrieved person or a person on behalf of the aggrieved person may file an application to the Magistrate seeking one or more relief as per Section 12 under the Domestic Violence Act.

There is no time limit for filing the case under Domestic Violence or S.498A of IPC. But if a woman files the case after such an extended period, it will go against her (depending upon other case circumstances). The possibility of her filing such a case depends upon the relationship subsisting between you both and your families.

The court need not follow the procedure prescribed under the Code of Criminal Procedure while entertaining your application or on receipt of application from the Protection Officer or while conducting proceedings on such an application or for grant of any relief, including the relief of compensation or damages.