SILADITYA BASAK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Heard Ms. Ajeya Mitra, learned advocate appearing for the petitioners.

(2.) The order dated 7.2.2009 passed by the learned, Judicial Magistrate, 5th Court, Alipore in case No. C 8046 of 2008 is under challenge.

(3.) The opposite, party No.2 herein made an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (in short the Act) before the learned Magistrate praying for reliefs under Sections 18,19,19(d), 20, 21 & 22 of the said Act. The application was filed against four persons who are the petitioners herein. The learned Magistrate issued summons upon the four petitioners directing them to appear in person which they complied with and made an application before the learned Magistrate raising maintainability of the proceeding on a number of grounds. It was first contended before the learned Magistrate that the Rule -6 of the Protection of Women from Domestic Violence Rules, 2006 (in short the Rules) provides that every application of the aggrieved person under Section 12 shall be in Form II or as nearly as possible thereto. The petitioner before the learned Magistrate did not make any .application in Form II and also Form III as are prescribed in the Rules and the necessary information as have been sought for through the aforesaid Forms, were not given. When the statute prescribes a form for making an application to be supported by an affidavit in terms of Form II, it is incumbent upon the petitioners to comply with the Rules.