Bare ActsThe Protection of Women from Domestic Violence Act 2005

Section 12

Amendment status not verified — confirm the current text below against the official source.

(1) An aggdoved p"son or a Protection Offic" " any oth" person on behalf of the aggde~ p"son may present an application to the Magis"ate seeking one or m"e reliefs und" this Act Provided that befo" passing any "d" on ,"ch application. the Magistrate sbaJJ take into consid"ation any domestic incident report "ceived by him from the Protection Officer or the service provid". (2) The "lief sought for und" sub-section (1) may include a relieffor issnance of an order for payment of compensation or damages withnut prejudice to the right of such p"snn to institute a suit for compensation or dornages for the injuries caused by the acts of domestic violence committed by the respondent Provided that wh"e a deeree for any amounl as compensation or damages bas been passed by any court in favour ofthe aggdeved person, the amount, if any, paid or payable in pursuance of the ord" made by the Magis"ate under this Act shaJJ be set off against the amount payable und" such deeree and the decree shaJJ, notwithstandiug anything contained in the Code of Civil Procedure, 1908, or any orh" law f" the time bcing in force, be executabte forthe balance amount, ifany, left aft" such set off. (3) Eve')' appikation und" sub-sectinn (1) shaJJ be in such f"m and contain such partioulars as may be prescribed or as nearly as pessible th"eto. (4) The Magistrate shaJJ fix the first date ofbeadng, which shaJJ not ordinorily be beyond three days from the date of "ceipt of the application by the court. (5) The Magistrate shall endeavour to dispose of eve')' application made und" ,"b-section (I) within a p"iod of sixty days fro;' the date of its first headng.

Section 12 – The Protection of Women from Domestic Violence Act 2005 | DailyLaw.ai