Here in this guide, let us understand the precise definition of section 12, specifically of the domestic violence act.
The domestic violence act ensures every woman has the right to be present when she resides in her matrimonial home. The show has specific provisions, certain features for the protection of women, to live in a violence-free environment after marriage.
There are criminal and civil provisions for the act; however, women can seek immediate civil remedies for such situations within 60 days. Aggrieved women can file against the male adult, who is the perpetrator who causes violence in their domestic relationship.
The act also speaks about any other relatives of the husband and male partner as the respondents seek remedies in their case. Now, let us move forward and know in detail about Section 12 of the domestic violence act.
About The Act
The Salient features of the act include:
Ensuring the right to Residence under sec 17.
Ensures economic relief by giving importance to economic violence.
Recognizes both verbal and emotional violence as an act of violence
In case of a child matter, providing temporary custody of the child.
The judgments shall come into the picture within 60 days of filing the claim.
There is a possibility of multiple reviews on a single point.
Such can be filed under PWDV Act even if there are other pending cases of both parties.
Both petitioner, as well as the respondent, can prefer an Appeal.
What the act covers
The other word of the act is the Protection of Women from Domestic Violence Act, 2005.
This law applies to the whole of India except the State of Jammu and Kashmir.
It needs to come into force as stated by the Central Government, through the notification in the Official Gazette, appointed.
Protection by Protection Officer
Government officers appoint them to help the suffering/ aggrieved woman file the case against her husband.
Or it can be against any male adult person responsible for harming and causing domestic violence or is in a domestic relationship with the petitioner.
Service Provider
They are the members of notified Non-Governmental Organisations. They coordinate with the stakeholders to help the victim get justice.
They help file Domestic Incident Reports, offer accommodation for short stays, and support their children.
What covers Section 12 Domestic Violence?
Application to Magistrate
It states any aggrieved person, protection officer, or anyone on behalf of the person should present an application to the Magistrate. Thus application to the Magistrate shall seek one or more reliefs under this Act. Before passing any orders, the magistrate will consider domestic incident reports given by the Protection Officer or the service provider.
The relief in Subsection 1 talks about the ease of issuing orders about compensation or damages. It is without any preconceived notion of the person's right to pay the balance. These compensations are for the injuries or damages due to domestic violence. The court passed the order of compensation and damages, which favors the person suffering.
Every application mentioned in Subsection 1 should only be in a form containing all the particulars prescribed under the domestic violence act.
The Magistrate will be responsible for fixing the first date of hearing. However, the date is not going to be beyond three days as to the date of receipt of the application issued by the court.
The Magistrate is liable to dispose or cancel any of the applications made under Sub-section 1 that shall be within sixty days from the date of its first hearing.
Conclusion
This article is enough for you to understand what Section 12 of Domestic act violence covers. You can have valuable legal information and advice on getlegalindia.com, which updates fresh, relevant and highly updated information on laws and acts in India. Visit Get Legal India for more details on domestic violence!
