Application u/s12 of Domestic violence Act can not be decided without providing opportunity of leading evidence
As argued, it is true that the opening words of the Section 18 are that- 'the Magistrate
may, after giving the aggrieved person and respondent an opportunity of being heard and on
being prima facie satisfied that domestic violence has taken place or is likely to take place pass
a protection order in favour of the aggrieved person and prohibit the respondent from...'. On
perusal, two things are required before passing an order in favour of the aggrieved person; (1)
opportunity of hearing to the parties, and (2) on being prima facie satisfied with regard to
happening of the domestic violence or likely to happen thereof. For being prima facie satisfied
some material is required. As observed hereinabove and as provided in Rule 6(5) evidence is
may, after giving the aggrieved person and respondent an opportunity of being heard and on
being prima facie satisfied that domestic violence has taken place or is likely to take place pass
a protection order in favour of the aggrieved person and prohibit the respondent from...'. On
perusal, two things are required before passing an order in favour of the aggrieved person; (1)
opportunity of hearing to the parties, and (2) on being prima facie satisfied with regard to
happening of the domestic violence or likely to happen thereof. For being prima facie satisfied
some material is required. As observed hereinabove and as provided in Rule 6(5) evidence is
