Section 12 of PWDVA : Section 12: Application Of Magistrate

Explanation using Example

Imagine a scenario where a woman named Priya is experiencing domestic violence at the hands of her husband, Rohan. Feeling threatened and in need of immediate protection, Priya approaches a Protection Officer for help. The Protection Officer, on behalf of Priya, files an application to the local Magistrate under Section 12 of The Protection of Women from Domestic Violence Act, 2005. The application includes a request for a protection order to prevent Rohan from continuing his abusive behavior, as well as a claim for compensation for the injuries Priya has sustained.

Upon receiving the application, the Magistrate reviews a domestic incident report provided by the Protection Officer, detailing the instances of violence and the harm caused to Priya. The Magistrate then schedules a hearing within three days, as stipulated by the Act, to address the urgent nature of the situation.

During the proceedings, the Magistrate decides to grant Priya the protection order and also orders Rohan to pay compensation. This relief is granted without affecting Priya's right to pursue additional compensation through a separate civil suit.

If Priya later wins a civil lawsuit for damages against Rohan, the amount awarded by the Magistrate will be deducted from the total compensation ordered by the civil court, ensuring that Priya is not compensated twice for the same injury.

The Magistrate aims to resolve the matter expeditiously and sets a goal to dispose of the application within sixty days to provide Priya with timely relief and justice.