Ch 5-6. Section 13. Notice to respondent

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Section 13 of DV Act which deals with service of notice is reproduced below:

13. Service of notice.-

(1) A notice of the date of hearing fixed under section 12 shall be given by the Magistrate to the Protection Officer, who shall get it served by such means as may be prescribed on the respondent, and on any other person, as directed by the Magistrate within a maximum period of two days or such further reasonable time as may be allowed by the Magistrate from the date of its receipt.

(2) A declaration of service of notice made by the Protection Officer in such form as may be prescribed shall be the proof that such notice was served upon the respondent and on any other person as directed by the Magistrate unless the contrary is proved.

The process for summons under CrPC 125 and DV Act will have some similar points, so the details of the process are covered in next chapter about summons and procedures. Next section gives the format of notice sent to respondent in a DV case. The notice will cover the basic details including in which court and on what date do you need to appear. It should not be taken lightly to ignore the summons, since the judge has power to proceed and grant an ex-parte order of relief to wife if you don't appear. You can send your advocate if you cannot appear yourselves on first hearing for any reasons, and pray for more time.

NOTICE FOR APPEARANCE UNDER SECTION 13(1) OF THE PWDVA

FORM VII
[ See Rule 11 (1)]
NOTICE FOR APPEARANCE UNDER SECTION 13(1) OF THE
PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005
IN THE COURT OF ..............................
P/S:.......................

IN THE MATTER OF:

Ms........................ .... ....Complainant
VERSUS
Mr........................ .... ...Respondent

To,
Mr..............................................
S/o.............................................
R/o.............................................
...................................................
...................................................

```
Whereas the petitioner has filed an application (s) under section....................... of
```

the Protection of Women from Domestic Violence Act, 2005 (43 of 2005);

```
You are hereby directed to appear before this Court on the..............................day
```

of..........................................20..............................at...........................O'clock in
the....................noon personally or through a duly authorized counsel of this Court to
show cause why the relief(s) claimed by the Applicant against you should not be granted,
failing which the court shall proceed ex parte against you.

```
Given under my hand and the seal of the Court of........................on the.............
```

day of.....................................20...................

```
Signature
```

Seal of the Court

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Next >> Ch 5-7. Section 14 - Counselling, Section 16 - Proceedings in private

NOTICE FOR APPEARANCE UNDER SECTION 13(1) OF THE PWDVA

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