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Under the Protection of Women from Domestic Violence Act, 2005, what is the prescribed time to appeal a…

Section 29 of the Protection of Women from Domestic Violence Act, 2005 (Appeal) provides: "There shall lie an appeal to the Court of Session within thirty days from the date…

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Under the Protection of Women from Domestic Violence Act, 2005, what is the prescribed time to appeal a Magistrate’s order to the Court of Session, measured from service on the aggrieved person or the respondent, as the case may be, whichever is later?

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Correct answer B

Section 29 of the Protection of Women from Domestic Violence Act, 2005 (Appeal) provides: "There shall lie an appeal to the Court of Session within thirty days from the date on which the order made by the Magistrate is served on the aggrieved person or the respondent, as the case may be, whichever is later."

The statutory limitation period for filing an appeal under Section 29 is "thirty days".

  • "sixty days": Under Section 12(5) of the Act, the Magistrate shall endeavour to dispose of every application within a period of sixty days from the date of its first hearing, whereas the appeal period under Section 29 is thirty days.
  • "ninety days" and "forty-five days": Not the limitation period prescribed in Section 29.

Option feedback

Option A

Sixty days is the disposal target under section 12(5). Section 29 prescribes a thirty-day appeal period.

Option B

Section 29 provides thirty days from service of the Magistrate’s order, using the later date if service occurs on different dates.

Option C

Ninety days exceeds the thirty-day period in section 29.

Option D

Forty-five days exceeds the thirty-day period in section 29.

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