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Section 12: Means of service of notices

The Protection of Women from Domestic Violence Rules, 2006Central Rules · 2005

(1) The notices for appearance in respect of the proceedings under the Act shall contain the names of the person alleged to have committed .11 ii. .NEW. 1111 11 %Mt VT witts4 ; Ingtmtvt 53 II-11w43(i)] domestic violence, the nature of domestic violence and such other details which may facilitate the identification of person concerned.

(2) The service of notices shall be made in the following manner, namely: —

(a) The notices in respect of the proceedings under the Act shall be served by the Protection Officer or any other person directed by him' to serve the notice, on behalf of the Protection Officer, at the address where the respondent is stated to be ordinarily residing in India by the complainant or aggrieved person or where the respondent is stated to be gainfully empldyed by the complainant or aggrieved person, as the case may he.

(b) The notice shall be delivered to any person in charge of such place at the moment and in case of such delivery not being possible it shall be pasted at a conspicuous place on the premises,

(c) For serving the notices under section 13 or any other provision of the Act, the provisions under Order V of the Civil Procedure Code, 1908 (5 of 1908) or the provisions under Chapter VI of the Code of Criminal Procedure, 1973 (2 of 1974). as far as practicable may be adopted.

(d) Any order passed for such service of notices shall entail the same consequences, as an order passed under Order V of the Civil Procedure Code, 1908 or Chapter VI of the Code of Criminal. Procedure, 1973 respectively, depending upon the procedure found efficacious for making an ordler for such service under section 13 or any other provision of the Act and in addition to the procedure prescribed under the Order V or Chapter the court may direct any other steps necessary with a view to expediting the proceedings.

to adhere to the time limit provided in the Act

(3) On a statement on the date fixed for appearance of the respondent, or a report of the person authorized to serve the notices under the Act, that service has been effected appropriate orders shall be passed by the court on any pending application for interim relief, after hearing the complainant or the respondent, or both.

54 THE GAZETTE OF INDIA : EXTRAORDINARY [PART I I—SEc. 3(01

(4) When a protection order is passed restraining the respondent from entering the shared household or the respondent is ordered to stay away or not to contact the petitioner,- no action of the aggrieved person including an invitation by the aggrieved person shall be considered as waiving the restraint imposed on the respondent, by the order of the court, unless such protection order is duly modified in accordance with the provisions of sub-section (2) of section 25.

Where this provision sits

ActThe Protection of Women from Domestic Violence Rules, 2006
Section12
Marginal noteMeans of service of notices
JurisdictionCentral
StatusIn force as published by the source

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