my wife has filed a case against me under domestic violence act section 12.
please help to understand the consequences and remedy for this.
how can I counter this case and what all documents or proofs are required to quash this case
As per your concerns!
Section 12 of Domestic Violence Act "Application to Magistrate"
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.
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 sixty days from the date of its first hearing.
Henceforth, If you feel aggrieved on account of domestic violence, you or anyone on your behalf may present an application to the Magistrate for the appropriate relief or reliefs.
Even a Protection Officer may present an application to the Magistrate for the appropriate relief or reliefs in your favour.
Hope it is useful!
Regards
Minakshi Bindhani
