Introduction
Section 12 of the Protection of Women from Domestic Violence Act, 2005, provides a vital legal pathway for victims of domestic abuse to seek immediate and effective relief. It empowers aggrieved women to approach the Magistrate for various forms of protection, custody, compensation, and maintenance. The section ensures that legal recourse is accessible, time-bound, and sensitive to the needs of survivors. A complaint under Section 12 can be filed on grounds such as physical abuse, verbal or emotional abuse, sexual violence, economic deprivation, or any form of harassment that causes harm to the woman or her child. This provision acts as a cornerstone for ensuring justice and safety within domestic spaces.
Who Can Apply to the Magistrate?
An application under Section 12 can be submitted by the aggrieved woman herself, a Protection Officer, or any person acting on her behalf. This widens access to justice, especially for women who may be unable to approach the court directly. The application must seek one or more reliefs as provided under the Act, such as protection orders, residence orders, monetary relief, custody orders, or compensation. Before issuing any order, the Magistrate is required to consider the domestic incident report submitted by a Protection Officer or a service provider, ensuring that the facts of the case are properly evaluated.
What Are the Reliefs That Can Be Sought Under Section 12?
Section 12 enables the applicant to request compensation or damages for injuries caused due to domestic violence. This request can be made alongside or independently of any civil suit for the same harm. If a civil court has already awarded compensation for the injury, any amount granted under the Domestic Violence Act will be deducted from that decree. The remaining balance from the civil court’s decision can still be enforced through appropriate legal means. This ensures that victims are fairly compensated while avoiding double recovery for the same injury.
What Is the Format and Timeline Under Section 12?
The application under Section 12 must follow the prescribed format, or at least be substantially similar in structure and content. Once the application is filed, the Magistrate must fix the date for the first hearing within three days of receiving it. Furthermore, the Magistrate should make every effort to dispose of the application within 60 days from the date of the first hearing. This provision ensures timely justice and helps prevent prolonged trauma for the survivor.
Why Timely Relief Under Section 12 of DV Act Is Legally Crucial?
Section 12(5) of the Protection of Women from Domestic Violence Act, 2005, mandates Magistrates to dispose of applications within 60 days from the first hearing date. This provision ensures that victims of domestic violence receive timely and effective relief, addressing urgent needs such as maintenance, shelter, and protection.
The Karnataka High Court has emphasized the critical nature of this timeline, referring to Section 12 as the “heart and soul” of the Act. In a notable judgment, the Court stated that adherence to the 60-day timeframe is paramount, as delays could undermine the statute’s purpose and deny justice to aggrieved persons. The Court further directed that any deviation from this timeline must be accompanied by written reasons, reinforcing the legislative intent for swift justice .
To facilitate timely disposal, the Court also issued guidelines:
- Asset Disclosure: Respondents are granted four weeks to file their assets and liabilities statement for decisions under Section 20. Failure to comply allows the court to proceed based on the aggrieved person’s application.
- Parties must file any objections to applications under Sections 18 and 19 within four weeks of receiving the notice.
- Procedure Regulation: Courts may regulate their procedures under Section 28(2) to meet the stipulated timelines.
Conclusion
Section 12 of the Domestic Violence Act plays a crucial role in protecting women from abuse. It empowers victims to seek immediate legal help through a simple application process. By involving Protection Officers and streamlining court intervention, it ensures timely relief. This section makes justice more accessible, especially for those who fear retaliation or lack legal awareness.
In essence, Section 12 strengthens the fight against domestic violence. It serves as a gateway to justice, safety, and dignity for countless women across India.
