PWDV ACT- 2005
Adv. G.Narayan
(Querist) 19 August 2010
This query is : Resolved
Sec. 12 (1)of PWDV-2005 states- An aggrieved person o a Protection Officer or any other person on behalf of the aggieved 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.
How this section should be interpreted -.
1. Can a Magistrate proceed trial without the report of Protection Officer.
2. Can a Protection Officer submit a report without enquirying/ hearing the Respondent.
3. Can the proceeding be stayed if no enquiry has been made by the Protection Officer.or
4.Even if there was any enquiry ,the Respondent was never informed of such enqury.
5. Can the procceding be stayed if the concerned state govt. has not appointed any Protection Officer in that area as per Sec. 8 of the Act
Adv. G.Narayan
(Querist) 21 August 2010
Thank you very much to both Mr. Barman & Mr. S.Subramanian
Adv. G.Narayan
(Querist) 21 August 2010
Ok .so far proceeding is concerned. But can a Magistrate pass any order.In fact ,I wanted to know about the Order. If so then what is the significance of these: "Provided that before passing any order on such application, the Magistrate shall takeinto consideration any domestic incident report received by him from the Protection Officer or the service provider."
