Application To The Magistrate Under Section 12 Of The Protection Of Women From Domestic Violence -

What is an Application To The Magistrate Under Section 12?

As per Section 12 of the Domestic Violence Act 2005, the 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 relief under the Act.

Section 12 of the Act empowers an aggrieved woman to file an application before the Magistrate seeking various reliefs under the DV Act— such as orders directing protection of the complainant, restraint or payment of compensation, against alleged acts of domestic violence committed by her husband or in-laws. Section 468 of the CrPC envisages a period of limitation for taking cognizance of various offenses based on their nature and specifies one year for offenses of domestic violence.

FAQ For an Application To The Magistrate Under Section 12

Q1 What is the limitation period under the DV Act?

Ans – The analysis of these case laws, it can be stated that proceedings, including section 12 applications under the Act, should generally be filed within one year from the date of the incident. Failure to do so may result in the court refusing to take cognizance of the case.

Q2 What are the rights of a wife in a domestic violence case?

Ans – Covers physical, emotional, sexual, and economic abuse. Provides various orders for protection, residence, and relief.

Q3. Is a domestic incident report mandatory?

Ans – Yes. The Magistrate is required to consider a domestic violence incident report under Section 12, received through the Protection Officer or Service Provider before passing any order.

Q4. What are the disadvantages of incident reports?

Ans – Potential Biases: One major disadvantage of internal incident report is the possibility of bias. Since the reporting is kept within the organization, there might be instances where incidents are downplayed or overlooked to protect the company’s image or certain individuals.

APPLICATION TO THE MAGISTRATE UNDER SECTION 12 OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 (43 OF 2005)

To The Court of Judicial Magistrate ………………………………………….. ………………………………………….. …………………………………………..

Application under the Protection of Women from Domestic Violence Act, 2005 (43 of 2005). The applicant submits as under:

That the application under section ……… ..

of Protection of Women from Domestic Violence Act, 2005 is being filed alongwith a copy of Domestic Incident Report by the:—

(a) Aggrieved person [ ]

(b) Protection Officer [ ]

(tick whichever is applicable)

2. It is prayed that the Hon’ble Court may take cognizance of the complaint/Domestic Incident Report and pass all/any of the orders, as deemed necessary in the circumstances of the case.

(a) Pass protection orders under section 18 and/ or

(b) Pass residence orders under section 19 and/ or

(d) Pass orders under section 21 of the Act and/ or

(e) Direct the respondent to grant compensation or damages under section 22 and/ or

(f) Pass such interim orders as the Courtdeems just and proper

(g) Pass any orders as deems” fit in the circumstances of the case.

3. Orders required: (i) Protection Order under section 18: [ ]

Prohibiting acts of domestic violence by granting an injunction against the Respondent/s from repeating any of the acts mentioned in terms of Column 4(a)/(b)/(C)/(d)/(e)/(f)/(g) of the application [ ]

Prohibiting Respondent(s) from entering the school/college/workplace [ ]

Prohibiting from stopping the applicant from going to applicant’s place of employment [ ] Prohibiting Respondent(s) from entering the school/college/any other place of children of the applicant [ ]

Prohibiting from stopping the applicant from going to applicant’s school [ ]

Prohibiting any form of communication by the Respondent with the applicant [ ] Prohibiting alienation of assets by the Respondent [ ] Prohibiting operation of joint bank lockers/accounts by the Respondent and allowing the aggrieved person to operate the same [ ]

Directing the Respondent to stay away from the dependants/relatives/ any other person of the aggrieved person to prohibit violence against them

[ ]Any other order, please specify ………………………….. ..

(ii) Residence/Order under section 19 An order restraining Respondent(s) from: [ ]

Dispossessing or throwing out the applicant from the shared household [ ] Entering that portion of the shared household in which the applicant resides [ ] Alienating/disposing/encumbering the shared household [ ] Renouncing his rights in the shared household [ ]

An order entitling the applicant continued access to personal effects of the applicant [ ]

An order directing Respondent(s) to · Remove himself from the shared household · Secure same level of alternate accommodation or pay rent for the same – [ ]

Any other order, please specify …………………………………….. ..

(iii) Monetary reliefs under section 20 [ ] Loss of earnings, amount claimed …………………. .. [ ]

Medical expenses, amount claimed [ ]

Loss due to destruction/ damage or removal of property from the control of the aggrieved person, amount claimed [ ]

Any other loss or physical or mental injury as specified in clause 10(d), amount claimed ………………….. .. [ ]

Total amount claimed [ ]

Any other order please specify (iv) Monetary reliefs under section 20 [ ] Directing the Respondent to pay the following expenses as monetary relief [ ]

Food, clothes, medications and other basic necessities amount …………… .. per month [ ]

School fees and related expenses amount ……………. .. per month [ ]

Household expenses amount …………… .. per month [ ]

Any other expenses amount …………… .. per month Total ……………. .. per month [ ]

Any other order please specify ……………………………………………………… ..

(v) Custody Order under section 21 Direct the Respondent to hand over the custody of the child or children to the- [ ]

Aggrieved person-applicant [ ]

Any other person on her behalf, details of suchperson ………………………………………..

(vi) Compensation Order under section 22

(vii) Any other order, please specify …………………………………………….. ..

4. Details of previous litigation, if any (a) [ ]

Under the Indian Penal Code, sections ………………. .

.Pending in the Court of ……………………………………………… .. [ ]

Disposed of, details of relief ………………………………………………… ..

(b) [ ]

Under Code of Criminal Procedure, sections ………………. .. Pending in the Court of …………………………………………………………. [ ]

Disposed of, details of relief ………………………………………… ..

Under the Hindu Marriage Act, 1956, …. ………….. .. Pending in the Court of ……………………………………………………….. .. [ ] Disposed of, details of relief ………………………………………………… ..

(d) [ ] Under the Hindu Adoptions and Maintenance Act, 1956, sections ……. .._……Pending in the Court of [ ] Disposed of, details of relief ……………………………………………….. ..

(e) [ ] Application for maintenance, under section …… .. under ……… .. Act Interim maintenance Rs …………………………. .. p.m. Maintenance granted Rs …………………………. .. p.m.

(f) [ ] Whether Respondent was sent to Iudicial Custody A [ ]

For less than a week ‘ [ ]

For less than a month [ ]

For more than a month Specify period …………………………………………………………………… ..

(g) Any other order ………………………………………………………………. ..

Prayer:

It is, therefore, most respectfully prayed that this Hon’ble Court be pleased to grant the relief(s) claimed therein and pass such order or orders / other order as this Hon’ble Court may deem fit and proper under the given facts and circumstances of the case for protecting the aggrieved person — the applicant from domestic violence and in the interest of justice. Place ………….. .. Date ………….. ..

COMPLAINANT/AGGRTEVED PERSON THROUGH COUNSEL

VERIFICATION

Verified at …………………. .. (place) on this day of ……………… .. that the contents of Paras 1 to 12 of the above application are true and correct to the best of my knowledge and nothing material has been concealed therefrom. DEPONENT …………………………………………………………………….. Counter—signature of Protection Officer with date