Domestic Application To The Magistrate Under Section 12 Of The Protection Of Women From Domestic Violence Act 2005 (43 OF 2005)

APPLICATION TO THE MAGISTRATE UNDER SECTION 12 OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 (43 OF 2005)



 To The Court of Judicial Magistrate __________________________________________________ __________________________________________________ __________________________________________________

 Application under the Protection of Women from Domestic Violence Act, 2005 (43 of 2005). The applicant submits as under:

That the application under section _________ .. 

of Protection of Women from Domestic Violence Act, 2005 is being filed alongwith a copy of Domestic Incident Report by the:—

 (a) Aggrieved person [ ]

 (b) Protection Officer [ ] 

(c) Any other person on behalf of the aggrieved person [ ] 

(tick whichever is applicable)



 2. It is prayed that the Hon’ble Court may take cognizance of the complaint/Domestic Incident Report and pass all/any of the orders, as deemed necessary in the circumstances of the case.

 (a) Pass protection orders under section 18 and/ or

 (b) Pass residence orders under section 19 and/ or 

(c) Direct the respondent to pay monetary relief under section 20 and/ or 

(d) Pass orders under section 21 of the Act and/ or 

(e) Direct the respondent to grant compensation or damages under section 22 and/ or

 (f) Pass such interim orders as the Courtdeems just and proper

 (g) Pass any orders as deems” fit in the circumstances of the case. 

3. Orders required: (i) Protection Order under section 18: [ ]

 Prohibiting acts of domestic violence by granting an injunction against the Respondent/s from repeating any of the acts mentioned in terms of Column 4(a)/(b)/(C)/(d)/(e)/(f)/(g) of the application [ ] 

Prohibiting Respondent(s) from entering the school/college/workplace [ ] 

Prohibiting from stopping the applicant from going to applicant's place of employment [ ] Prohibiting Respondent(s) from entering the school/college/any other place of children of the applicant [ ]

 Prohibiting from stopping the applicant from going to applicant's school [ ] 

Prohibiting any form of communication by the Respondent with the applicant [ ] Prohibiting alienation of assets by the Respondent [ ] Prohibiting operation of joint bank lockers/accounts by the Respondent and allowing the aggrieved person to operate the same [ ] 

Directing the Respondent to stay away from the dependants/relatives/ any other person of the aggrieved person to prohibit violence against them

 [ ]Any other order, please specify ________________________________ ..



 (ii) Residence/Order under section 19 An order restraining Respondent(s) from: [ ] 

Dispossessing or throwing out the applicant from the shared household [ ] Entering that portion of the shared household in which the applicant resides [ ] Alienating/disposing/encumbering the shared household [ ] Renouncing his rights in the shared household [ ] 

An order entitling the applicant continued access to personal effects of the applicant [ ]

 An order directing Respondent(s) to  Remove himself from the shared household  Secure same level of alternate accommodation or pay rent for the same - [ ]

 Any other order, please specify _____________________________________________ ..



 (iii) Monetary reliefs under section 20 [ ] Loss of earnings, amount claimed ____________________.. .. [ ] 

Medical expenses, amount claimed [ ]

 Loss due to destruction/ damage or removal of property from the control of the aggrieved person, amount claimed [ ] 

Any other loss or physical or mental injury as specified in clause 10(d), amount claimed ________________________ .. [ ] 

Total amount claimed [ ] 

Any other order please specify (iv) Monetary reliefs under section 20 [ ] Directing the Respondent to pay the following expenses as monetary relief [ ] 

Food, clothes, medications and other basic necessities amount _______________ .. per month [ ] 

School fees and related expenses amount _______________. .. per month [ ] 

Household expenses amount _______________ .. per month [ ] 

Any other expenses amount _______________ .. per month Total _______________. .. per month [ ] 

Any other order please specify ________________________________________________________________ .. 

(v) Custody Order under section 21 Direct the Respondent to hand over the custody of the child or children to the- [ ] 

Aggrieved person-applicant [ ] 

Any other person on her behalf, details of suchperson ________________________________________________ 

(vi) Compensation Order under section 22 

(vii) Any other order, please specify _____________________________________________________ .. 

4. Details of previous litigation, if any (a) [ ] 

Under the Indian Penal Code, sections ___________________ .

.Pending in the Court of ______________________________________________________ .. [ ]

 Disposed of, details of relief _________________________________________________________ ..

 (b) [ ] 

Under Code of Criminal Procedure, sections ___________________ .. Pending in the Court of ____________________________________________________________________ [ ]

 Disposed of, details of relief ________________________________________________ .. 

(c) [ ] 

Under the Hindu Marriage Act, 1956, _____ ______________ .. Pending in the Court of __________________________________________________________________ .. [ ] Disposed of, details of relief _________________________________________________________ .. 

(d) [ ] Under the Hindu Adoptions and Maintenance Act, 1956, sections ________ ..________Pending in the Court of [ ] Disposed of, details of relief _______________________________________________________. .. 

(e) [ ] Application for maintenance, under section _______ .. under _________ .. Act Interim maintenance Rs _______________________________ .. p.m. Maintenance granted Rs _______________________________ .. p.m.



 (f) [ ] Whether Respondent was sent to Iudicial Custody A [ ] 

For less than a week ‘ [ ] 

For less than a month [ ] 

For more than a month Specify period ______________________________________________________________________________ .. 

(g) Any other order _________________________________________________________________________ .. 

Prayer:

 It is, therefore, most respectfully prayed that this Hon’ble Court be pleased to grant the relief(s) claimed therein and pass such order or orders / other order as this Hon’ble Court may deem fit and proper under the given facts and circumstances of the case for protecting the aggrieved person — the applicant from domestic violence and in the interest of justice. Place ______________ .. Date ______________ .. 

COMPLAINANT/AGGRTEVED PERSON THROUGH COUNSEL 

VERIFICATION

 Verified at ____________________.. .. (place) on this day of __________________ .. that the contents of Paras 1 to 12 of the above application are true and correct to the best of my knowledge and nothing material has been concealed therefrom. DEPONENT ________________________________________________________________________________ Counter—signature of Protection Officer with date