M.N. Bhandari, J. - (1.) BY this petition, a challenge is made to the order dated 22.01.2015, whereby on receipt of the application under Section 12 of Protection of Women from Domestic Violence Act, 2005 (in short "Act of 2005"), notices were issued before a report from the protection officer.
(2.) LEARNED counsel submits that as per Section 12 of the Act of 2005, an order for issuance of notice can be passed after receipt of the report from the protection officer. In the instant case, notices have been issued without report from protection officer. It has been called simultaneously. In view of the above, impugned order be quashed. It is further stated that allegations have been made against the husband and not against father -in -law & mother -in -law, thus there was necessity to issue notice to the petitioners, thus for the aforesaid ground also, impugned order be set aside. I have considered the submission made by learned counsel for petitioner and perused the record.
(3.) A reference of Section 12 of the Act of 2005 has been given, thus is quoted hereunder: "12. 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. (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 s uch 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.";