Only Aggrieved Person Can File Plea Before Magistrate Under Section 12

KEY TAKEAWAYS

• In a recent hearing, the Itanagar Bench of the Guwahati High Court held that a magistrate made a mistake in conceding help to a non respondent who was not considered as an aggrieved party for a case recorded under the Protection of Women from Domestic Violence Act, 2005.
• Only aggrieved party has the authority to file a plea before magistrate, under section 12.

DETAILS

• Name of the Case : Tatung Jamoh v. YatemEringJamoh
• The Court granted Arunachal Pradesh Congress MLA’s (Tatung Jamo) wife, Yatem Jamoh the right to collect rent from their rented apartment.
• Aggrieved by this, Tatung Jamoh filed a petition.
• This order had been passed and grant was given to the wife based on various provisions under the Domestic Violence Act, 2005. After, her plea for divorce had been dismissed.
• The magistrate had held that the right for collecting rent would only be granted to the husband. Aggrieved by the order, the wife moved to the higher court.
• The case was then taken to the High Court. the Court, based on Section 12 of the Domestic Violence Act, stated that it clearly that an application wanting relief can only be given to an aggrieved person, and not the respondent.
• In this case, the wife (Yatem Ering Jamoh) was the "aggrieved person" and the husband/MLA (Tatung Jamoh) was the respondent.

QUESTIONS

• What does Section 12 of the Domestic Violence Act mainly deal with ?
• Do you agree with the order passed by the High Court ?

Share your views in the comments section below.