Section 14 of The Protection of Women from Domestic Violence Act, 2005
- (1)The Magistrate may, at any stage of the proceedings under this Act, direct the respondent or the aggrieved person, either singly or jointly, to undergo counselling with any member of a service provider who possess such qualifications and experience in counselling as may be prescribed.
- (2)Where the Magistrate has issued any direction under sub-section (1), he shall fix the next date of hearing of the case within a period not exceeding two months.
Summary
- The Magistrate has the power to direct either the respondent, the victim, or both parties together to undergo counseling.
- The ordered counseling must be conducted by a qualified and experienced member of a registered service provider.
- When a counseling order is issued, the Magistrate must schedule the next formal hearing of the case within a maximum of two months.
Practical examples
FAQ
1. Who can be ordered to undergo counseling under Section 14 of the Domestic Violence Act?
Under Section 14 of the Domestic Violence Act, the Magistrate can direct either the respondent or the aggrieved person, either individually or together, to undergo counseling.
2. Who can conduct the counseling ordered under Section 14 of the Protection of Women from Domestic Violence Act, 2005?
Under Section 14 of the Protection of Women from Domestic Violence Act, 2005, counseling must be conducted by a member of a registered service provider who has the prescribed qualifications and experience.
3. What is the maximum time limit for the next hearing after counseling is ordered under Section 14 of the Act?
Under Section 14 of the Act, when a counseling direction is issued, the Magistrate must set the next hearing date within a period not exceeding two months.
Test yourself
Q1.Under Section 14 of the Protection of Women from Domestic Violence Act, 2005, at what point in the legal proceedings can the Magistrate direct a party to undergo counseling?
Q2.Under Section 14 of the Protection of Women from Domestic Violence Act, 2005, who can the Magistrate direct to undergo counseling?
Q3.Under Section 14 of the Protection of Women from Domestic Violence Act, 2005, the counselor must belong to which type of organization?
Q4.Under the domestic abuse law, if an application for relief has been made under Section 12 and the Magistrate subsequently orders counseling under Section 14, how does this order affect the hearing timeline?