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An aggrieved woman seeks a residence order under section 19 of the Protection of Women from Domestic…

A standalone application under section 12 goes to the competent Magistrate, who may grant a residence order under section 19. Section 26 separately allows the relief to be…

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An aggrieved woman seeks a residence order under section 19 of the Protection of Women from Domestic Violence Act, 2005, by filing a standalone application under section 12. Which authority hears that application?

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Answer and explanation

Correct answer B

A standalone application under section 12 goes to the competent Magistrate, who may grant a residence order under section 19. Section 26 separately allows the relief to be sought in qualifying civil, family or criminal proceedings.

Option feedback

Option A

A civil court may grant section 19 relief in an appropriate existing proceeding under section 26. It is not the direct section 12 forum in that capacity.

Option B

Sections 2(i), 12 and 19 identify the competent Magistrate as the direct statutory forum.

Option C

Section 26 allows appropriate relief to be sought in a Family Court proceeding. A Family Court is not the standalone section 12 forum.

Option D

A mediation centre is not the Magistrate empowered by sections 12 and 19 to issue a residence order.

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