1. Rule. Respondents waive service. By consent, Rule is made returnable forthwith and the petition is taken up for hearing and final disposal.

2. A short question raised in this petition is whether in an application filed under Section 12 of the Protection of Women from the Domestic Violence Act, 2005 (hereinafter referred to as 'DV Act'), the Applicant can be permitted to file affidavit in evidence.

3. The brief facts leading to this Petition are as under:

The Respondent was married to the Petitioner on 15.2.2013. The matrimonial dispute between the parties led to the Petitioner filing a Divorce Petition being P.A. No.1223 of 2015, which is pending before the Family Court. The Respondent-wife has also filed an application under Section 12 of the DV Act being M.A. No.717 of 2015 before the learned J.M.F.C., Cantonment, Pune. The Petitioner filed his reply to the said application under Section12 of the DV Act and said proceedings were fixed for evidence on 29.11.2016.

4. The Petitioner-husband filed an application dated 7.11.2016 contending that the proceedings under the DV Act are to be dealt with in the manner laid down under Section 125 of the Cr.P.C. The Petitioner therefo