Section 14 in Jammu and Kashmir Protection of Women from Domestic Violence Rules, 2011
14. Procedure to be followed by Counsellors
(1) The Counsellor shall work under the general supervision of the Magistrate or the Protection Officer or both.(2)The Counsellor shall convene a meeting at a place convenient to the aggrieved person or both the parties.(3)The factors warranting counselling shall include the factor that the respondent shall furnish an undertaking 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, electronic mail or through any other medium except in the counselling proceedings before the counsellor.(4)The Counsellor shall conduct the proceedings bearing in mind that the counselling shall be in the nature of getting an assurance that the incidence of domestic violence shall not get repeated.(5)The respondent shall not be allowed to plead any counter justification for the alleged act of domestic violence in counselling and any justification for the act of domestic violence by the respondent shall not be allowed to be a part of the counselling proceeding. This shall also be made clear to the respondent, by the Counsellor before the proceedings start.(6)If the aggrieved person so desires, the Counsellor shall make efforts of arriving at a settlement of the matter.(7)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.(8)The Counsellor shall strive to arrive at a settlement of the dispute by suggesting measures for redressal of grievances of the aggrieved person by taking into account the measures or remedies suggested by the parties for counselling and reformulating the terms for the settlement, wherever required.(9)The Counsellor shall not be bound by the provisions of the Evidence Act, Samvat 1977 or the Code of Civil Procedure, Samvat 1977, or the Code of Criminal Procedure, Samvat 1989, 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 Counsellor shall seek guidance from the wishes and the sensibilities of the aggrieved person.(10)The report of the Counsellor shall be submitted to the Magistrate, as expeditiously as possible, for appropriate action.(11)In the event the Counsellor arrives at a resolution of the dispute, he/she shall record 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.(12)The Magistrate may, on being satisfied about the efficacy of the solution and after making a preliminary enquiry from the parties and after, recording reasons for such satisfaction, which may include undertaking by the respondents to refrain from repeating acts of domestic violence, admitted to have been committed by the respondents, accept the terms with or without conditions.(13)The Magistrate shall, on being so satisfied with the report of the counselling, 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.(14)In cases, where a settlement cannot be arrived at in the counselling proceedings, the Counsellor shall report the failure of such proceedings to the Magistrate and he shall proceed with these cases in accordance with the provisions of the Act.(15)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 solely based on it.(16)The Magistrate shall pass an order under section 25 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 and the reasons for such satisfaction shall be recorded in writing in the order, which may include any undertaking or surety given by the respondent.
