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The Protection of Women from Domestic Violence Act, 2005 - HIPA

The Protection of Women from Domestic Violence Act, 2005 - HIPA

The Protection of Women from Domestic Violence Act, 2005 - HIPA

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12. Satisfaction <strong>of</strong> the Magistrate andstandard <strong>of</strong> pro<strong>of</strong>.It is pre-ponderance <strong>of</strong> probability and not pro<strong>of</strong>beyond reasonable doubt.12.1 : <strong>The</strong> standard <strong>of</strong> pro<strong>of</strong> is the same as incivil cases. <strong>The</strong> weight <strong>of</strong> evidence tiltsthe balance in favour <strong>of</strong> which party – isthe point to be decided.12.2 For passing protection orders, theMagistrate ought to be prima faciesatisfied.12.3. Prima facie literally it means “on the face<strong>of</strong> it” or “at first sight.”12.4. In law, “prima facie evidence” is generallytaken as equivalent to “sufficientevidence”.

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