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Domestic Violence
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Domestic Violence
Domestic Violence

Any act, omission or conduct of harms or injuries which endangers the health and safety of life of an aggrieved person, whether mentally or physically including sexual abuse, physical abuse, financial abuse, verbal and emotional abuse. When one harasses, harms injures the person intending to coerce her or any of her relatives to meet any unlawful demand of any dowry or valuable security or property.

Compensations or Reliefs

Any woman suffering from violence in a domestic relationship can ask for reliefs. The term aggrieved person is the Protection of Women from Domestic Violence Act, 2005. It states that a woman who is or has been, in a domestic relationship with the respondent and is alleged to any act of domestic violence by the respondent is an aggrieved person;

Domestic Relationship is a relationship between people who are or were married to each other, according to any law, custom or religion; or are related to each other by marriage, consanguinity or are related by adoption or are family members living together as a joint family; or, they are or were in an engagement or customer relationship.

The process to get relief from Court:

Woman or any person can inform about the domestic violence to the Protection Officer (PO), Police or the Magistrate as mentioned in Section 4 of Protection of women from Domestic Violence Act, 2005.

  • The Complaint shall be registered in the format of the Domestic Incident Report.
  • DIR is a record of the fact that an incidence of violence has been reported.
  • Copy of DIR to be forwarded by PO to the Magistrate and the police officer in charge of the police station in the jurisdiction.
  • DIR be kept in record for future reference.

An application for reliefs Section 12 under DV Act to Magistrate can be made by:

  1. the woman herself, directly to the court,
  2. Through Protection Officer,
  3. If there is a pending case between a woman and her husband and she can ask for Orders under DV Act in that proceeding itself (S.26).

Jurisdiction

The Metropolitan Court or first class magistrate court within the local limits of which the aggrieved person permanently or temporary resides or carries a business or is employed shall be the competent court. The respondent resides permanently or temporary or carries on business or is employed.

Whenever the cause of action arises, the aggrieved person can ask for relief under the Protection of Women from Domestic Violence Act, 2005 by the below-mentioned sections:

1. Protection Order (Section 18)

2. Residence Order (Section 19)

3. Monetary Relief (Section 20)

4. Custody Order (Section 21)

5. Compensation Order (Section 22)

Protection Orders:

After being heard to the aggrieved person and the respondent, if the Magistrate gets satisfied about the prima facie case of Domestic violence, he/she may pass a protection order in favour of an aggrieved person prohibiting the respondent from doing the following acts:

  • Aiding or abetting in the domestic violence Act, entering the place of employment of the aggrieved person or if the person is a child to visit its school or any other places.
  • Attempt to communicate in any form, including personal, oral or written, electronic or telephonic contact, etc.

Residence Orders:

  1. When the Magistrate is satisfied that domestic violence has taken place, pass a residence order-
  2. Restain, the respondent from seizing or disturbing the peaceful possession of the household, shared
  3. Restraining the respondent and his relatives from entering any portion of the house where the aggrieved person resides.
  4. Directing the respondent to secure the alternate accommodation for the aggrieved person
  5. Under this section, no order shall be made against women.

Relief in Monetary Terms:

The Respondent may be directed by the magistrate to pay relief in monetary terms to the aggrieved person to meet the expenses, and such reliefs include:

  • Medical expenses
  • Loss of earnings
  • Loss caused due to destruction or damage of any property
  • The order of maintenance under section 125 criminal procedure code or any other law.

Custody Orders:

The Magistrate can grant temporary custody of a child to the aggrieved person or the person making an application on behalf of her and specify the arrangements for the visit of such child by the respondent. The Magistrate can refuse the visit of such respondent in such a case if it may be harmful to the child's interest.

Compensation Orders:

The Magistrate may pass an order to direct the respondent to pay compensation to the aggrieved person for injuries, emotional distress, including mental torture caused by the acts of domestic violence committed by the respondent.

Under this Act, any relief may be sought in legal proceedings before a family court, civil court or criminal court. Such relief may be sought along with relief in the suit, or legal proceeding before a civil or criminal court.

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