(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 such 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.

Bullet Points on Section 12 DV:

• Who Can Apply: An aggrieved person, Protection Officer, or a representative on behalf of the aggrieved person can submit an application to the Magistrate seeking relief under this Act.
• Magistrate’s Consideration: Before making an order, the Magistrate must consider any domestic incident report from the Protection Officer or service provider.
• Types of Relief: The relief sought may include compensation or damages for injuries caused by domestic violence acts, without preventing the person from pursuing a separate lawsuit for compensation.
• Setoff of Compensation: If a court has already granted compensation or damages in favor of the aggrieved person, the amount paid under the Magistrate’s order will be deducted from the court-awarded amount.
• Application Requirements: Every application should follow prescribed forms and include specific details.
• First Hearing Date: The Magistrate must schedule the first hearing within a maximum of three days from receiving the application.
• Timely Disposition: The Magistrate should aim to resolve applications within sixty days from the first hearing date.