Section 12 DV Act: Application to Magistrate

Section 12 of Domestic Violence Act, 2005: Application to Magistrate

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(1) An aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person may present an application to the Magistrate seeking one or more reliefs under this Act:

Provided that before passing any order on such application, the Magistrate shall take into consideration any domestic incident report received by him from the Protection Officer or the service provider.

(2) The relief sought for under sub-section (1) may include a relief for issuance of an order for payment of compensation or damages without prejudice to the right of such person to institute a suit for compensation or damages for the injuries caused by the acts of domestic violence committed by the respondent:

Provided that where a decree for any amount as compensation or damages has been passed by any court in favour of the aggrieved person, the amount, if any, paid or payable in pursuance of the order made by the Magistrate under this Act shall be set off against the amount payable under such decree and the decree shall, notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908), or any other law for the time being in force, be executable for the balance amount, if any, left after such set off.

(3) Every application under sub-section (1) shall be in such form and contain such particulars as may be prescribed or as nearly as possible thereto.

(4) The Magistrate shall fix the first date of hearing, which shall not ordinarily be beyond three days from the date of receipt of the application by the court.

(5) The Magistrate shall endeavour to dispose of every application made under sub-section (1) within a period of sixty days from the date of its first hearing.

Legal Commentary & Landmark Judgments: Section 12

Section 12 provides the foundational procedure for initiating legal proceedings under the Act by presenting an application for relief before the Judicial Magistrate.

Mandatory 60-Day Disposal Window: Sub-section (5) mandates that the Magistrate shall endeavor to dispose of every application within a period of sixty days from the date of its first hearing.
Procedural Scope: Sets the parameters for invoking statutory remedies and judicial protections.

Section 12 serves as the primary procedural doorway under the DV Act, enabling aggrieved women to initiate swift proceedings before the Magistrate with minimal procedural formality.

Key Landmark Precedents:

Kamlesh Devi v. Jaipal (2019) 14 SCC 594: Held that to maintain an application under Section 12, the applicant must establish a prima facie domestic relationship and living together in a shared household where domestic violence occurred.
Prabha Tyagi v. Kamlesh Devi (2022) 5 SCC 801: Clarified that filing a DIR by a Protection Officer is not a condition precedent for the Magistrate to take cognizance of an application under Section 12 filed directly by an aggrieved woman.
Rajnesh v. Neha (2020) 10 SCC 703: Mandated the simultaneous filing of comprehensive Affidavits of Assets and Liabilities by both parties in Section 12 proceedings.

Legal Commentary:

Section 12 is the universal entry portal for domestic violence litigation. Designed to avoid the technicalities of ordinary civil suits, it combines rapid notice issuance (within three days) and an aggressive 60-day disposal mandate, securing emergency remedies for women facing imminent homelessness or physical danger.

Section 12: Application to Magistrate

Section 12 of Domestic Violence Act, 2005: Application to Magistrate

Legal Commentary & Landmark Judgments: Section 12