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Bare acts > Protection of Women from Domestic Violence Rules, 2005 > Rule 11
 
  


 

11. Procedure to be followed by a counselor.- (a) The counselor shall work under the general supervision of the court and/or Protection Officer.

(b) The counselor shall convene a meeting at a place convenient to/aggrieved woman/both the parties.

(c) Shall assist the parties to reconciliation and shall obtain a written statement from the respondent that the incident of Domestic Violence shall not be repeated and in general strive to arrive at the understanding and redressal of aggrieved women's grievances and reformulating the terms for settlement wherever required.

(d) The respondent shall not be allowed to plead any justification for the alleged act of domestic violence in counseling. Any justification for the act of domestic violence by the respondent is not allowed to be a part of the counseling proceeding, should be made clear to the respondent, before the proceedings start.

(e) The respondent shall furnish an undertaking to the respondent that he would refrain from causing such domestic violence as complained by the aggrieved person and in appropriate cases an undertaking that he will not try to meet, or communicate in any manner through letter or telephone, e-mail, or through any other medium except in the counseling proceedings before the counselor.

(f) If the aggrieved person so desires the counselor shall make efforts of arriving at a settlement of the matter. The limited scope of such efforts shall be to arrive at the understanding of the grievances of the aggrieved person and redressal of her grievances. The efforts shall focus on evolving remedies or measures for such redressal. The counselor shall strive to arrive at a settlement of the dispute by suggesting measures for redressal of grievances of the complainant by taking into account the measures or remedies suggested by the parties for counseling and reformulating the terms for the settlement wherever required.

(g) The counselor shall not be bound by the provisions of the Evidence Act, 1872 or the Code of Civil Procedure, 1908, or the Code of Criminal Procedure, 1973, and his action shall be guided by the principles of fairness and justice and aimed at finding way to bring an end to domestic violence to the satisfaction of the aggrieved person. In making such an effort the counselor shall seek guidance from the wishes and the sensibilities of the aggrieved person.

(h) The report of the counselor shall be submitted to the Magistrate for appropriate action.

(i) On arriving at a settlement the counselor shall report the terms of the settlement of the parties, after explaining the terms to the parties in the language of the parties and getting it endorsed by the parties. The court may accept the terms, on being satisfied, about the efficacy of the solution, after a preliminary enquiry from the parties, recording reasons for such satisfaction, which may include undertaking by the respondents to refrain from repeating acts of domestic violence. The court shall on being so satisfied pass an order, recording the terms of the settlement or an order modifying the terms of the settlement on being so requested by the aggrieved person with the consent of the parties.

(j) In cases, where a settlement cannot be arrived at in the counselor proceedings, the conciliator shall report the failure of such proceedings and the court shall proceed with the case under the Act. The record of proceedings shall not be deemed to be material on record in the case on the basis of which any inference may be drawn or an order may be passed. The court shall pass an order under Section 25 (2) of the Act, only after being satisfied that the application for such an order is not vitiated by force, fraud or coercion or any other factor. The reasons for such satisfaction shall be recorded in writing in the order, which may include any undertaking or surety given by the respondent.

 

 

 

 

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