Notice u/s 12 of dv act 2005

sec 12 of DV ACT 2005,is petition applied to magistrate, seeking certain relief,based on this the magistrate will take protection officer report in to consideration.Act says the case has to be disposed of within 60 days from the date of first hearing.But normally it takes more time than the prescribed one.

If you have received the summons you must have also received the Domestic incident report . 1. What are the reliefs asked for under different sections that u/s 18,19,20,21,22 could you state . 2. First and foremost you would have to file your WS . 3. They would have to submit Form 1,2,3,4 which would have to be acknowledged by the protection office . 4. Maybe they may file an affidavit.

Than examination in chief

 

than 

cross examination

 

or this maybe bypassed and an interim application  for maintenance 

 

Than pay slip may be called for 

 

Than witness summons on one pretex ( mind it there are many ways to delay a proceeding ) and or the other for calling the employer to verify his signature etc 

 

Recalling of witness on another pretex 

 

One day opponent advocate is absent 

 

Next date applicants advocate is absent 

 

Judge is absent on another date so on and so forth 

 

 Only after which the trial would start and this would take 5-7 years and not as per the act which states that reliefs would be provided within 60 days .

read domestic violence act

Hi All

 

Thank you for your reply. I still need some more guiedance:

1) What is the intention of the girls for filing Sec12 of DV apart from maintenance and asking for staying togather.

2) What is the general view of judges in such cases.

3) Can the judgement be appealed in some higher court.

4) Any advise or tips that i need to have it beforehand during my discussion with Advocate

 

A prompt reply will be highly appreciated.

You have termed yourself legal Advisor 

Now read section 18,19,20,21 section 26,27,29 of the domestic violence act what does it say than please let us know . Spoon feeding at this age is very bad for health .