D.V.[proh] Act. whether the report of protection officer is mandatory?
Querist :
Anonymous
(Querist) 10 May 2011
This query is : Resolved
Husband is driver in A.P.S.R.T.C., He was married firstly one lady. She left his society at his young age. Thereafter he married my client. Her name is incorporated in service book as nominee for his benefits. My client got four children through her husband. she is now 56 years old. All the children settled. Nobody is looking after her. Husband residing with a concubine in another village. He got purchased about Ac.8-00 guntas in the name of that concubine. He saying that his retirement benefits and other benefits will not be given to my client. Accordingly my client i.e. wife filed a domestic violence [pro] case against her husband and she made his employers as proforma parties to the case. Husband did not appear though he received notices. The employers contested the case. The case is disposed in favour of the wife and directed the husband to pay the half of the retirement benefits and maintenance of Rs.2,000/- per month granted till the date of payment of the half of the retirement benefits and the court directed the employers to implement the order. The things stood so. Husband filed an appeal on the said order of the JMFC. His allegation is that the court is erred in passing the order and not directed any protection officer to file his/her report with regarding to the domestic violence incident. My query is whether the report of the protection officer is mandatory or it is directory one? please clarify and suggest any citation/s. Thanks one and all.
Guest
(Expert) 10 May 2011
it is given in the section 18 of the act that a magistrate may after giving the aggrieved person and the respondent an opportunity of being heard, it is written may so it is discretionary power but in your case the respondent not appeared intentionally and in section 23 it is mentioned regarding the ex parte orders.
Devajyoti Barman
(Expert) 10 May 2011
The report of protection officer is not mandatory and the magistrate with or without report of protection officer can pass necessary order.
M/s. Y-not legal services
(Expert) 10 May 2011
Yes.. Its not mandatory.. Ask your client to file a execution petition for arrear of the maintenance amount.. How that appeal is numbered without paying the due amount to the wife?
Querist :
Anonymous
(Querist) 10 May 2011
Dear experts! Please clarify me that the verbatim of section 12 of D.V.[proh] Act. There is proviso....
--Chapter IV --
section 12. Application to Magistrate:- (1) An aggrieved person or a protection officer or any other person on behalf 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.
The verbatim of the section is as stated above. My query is that whether the section 12 (1) proviso is mandatory or directory?
Devajyoti Barman
(Expert) 10 May 2011
When you have already got the reply then what is the point in repeating the question.
