Section 11 in Jammu and Kashmir Protection of Women from Domestic Violence Rules, 2011
11. Means of service of notices
(1) The notices for appearance in respect of the proceedings under the Act shall contain the names of the persons alleged to have committed domestic violence, the nature of domestic violence and such other details which may facilitate the identification of person concerned.(2)The service of notices shall be made in the following manner, namely:-(a)The notices in respect of the proceedings under the Act shall be served by the Protection Officer or any other person directed by him/her to serve the notice, on behalf of the Protection Officer, at the address where the respondent is stated to be ordinarily residing in the State by the complainant or aggrieved person or where the respondent is stated to be gainfully employed by the complainant or aggrieved person, as the case may be.(b)The notice shall be delivered to any person in charge of such place at the moment and in case such delivery is not possible it shall be pasted at a conspicuous place on the premises.(c)For serving the notices under section 13 or any other provision of the Act, the provision under Order V of the Code of Civil Procedure, Samvat1977 or the provisions under Chapter VI of the Code of Criminal Procedure, Samvat 1989 as far as practicable may be adopted.(d)Any order passed for such service of notices shall entail the same consequences, as an order passed under Order V of the Code of Civil Procedure, Samvat 1977 or Chapter VI of the Code of Criminal Procedure, Samvat 1989 respectively, depending upon the procedure found efficacious for making an order for such service under section 13 or any other provision of the Act and in addition to the procedure prescribed under aforesaid Order V or Chapter VI, the Magistrate may direct any other steps necessary with a view to expediting the proceedings to adhere to the time limit provided in the Act.(3)On a statement on the date fixed for appearance of the respondent, or a report of the person authorised to serve the notices under the Act, that service has been effected appropriate order shall be passed by the Magistrate on any pending application for interim relief, after hearing the complainant or the respondent, or both.(4)When a protection order is passed restraining the respondent from entering the shared household or the respondent is ordered to stay away or not to contact the aggrieved person, no action of the aggrieved person including an invitation by her person shall be considered as waiving the restraint imposed on the respondent, by the order of the Magistrate, unless such protection order is duly modified in accordance with the provisions of sub section (2) of section 25.
