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What are Monetary relief? What are Custody orders? What are Compensation orders? Section 20, 21 and 22 of The Protection of women from Domestic Violence Act 2005

 
 

Monetary reliefs, Custody orders and Compensation orders are defined under section 20, 21 and 22 of Domestic Violence Act 2005. Provisions under these sections are:

Section 20 of Domestic Violence Act "Monetary reliefs"

1. While disposing of an application under sub-section (1) of section 12, the Magistrate may direct the respondent to pay monetary relief to meet the expenses incurred and losses suffered by the aggrieved person and any child of the aggrieved person as a result of the domestic violence and such relief may include but is not limited to—
a. the loss of earnings;
b. the medical expenses;

 

 

c. the loss caused due to the destruction, damage or removal of any property from the control of the aggrieved person; and

d. the maintenance for the aggrieved person as well as her children, if any, including an order under or in addition to an order of maintenance under section 125 of the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force.

 
 

2. The monetary relief granted under this section shall be adequate, fair and reasonable and consistent with the standard of living to which the aggrieved person is accustomed.

3. The Magistrate shall have the power to order an appropriate lump sum payment or monthly payments of maintenance, as the nature and circumstances of the case may require.

4. The Magistrate shall send a copy of the order for monetary relief made under sub-section (1) to the parties to the application and to the in-charge of the police station within the local limits of whose jurisdiction the respondent resides.

5. The respondent shall pay the monetary relief granted to the aggrieved person within the period specified in the order under sub‑sections (1).

6. Upon the failure on the part of the respondent to make payment in terms of the order under sub‑sections (1), the Magistrate may direct the employer or a debtor of the respondent, to directly pay to the aggrieved person or to deposit with the court a portion of the wages or salaries or debt due to or accrued to the credit of the respondent, which amount may be adjusted towards the monetary relief payable by the respondent.

Section 21 of Domestic Violence Act "Custody orders"

Notwithstanding anything contained in any other law for the time being in force, the Magistrate may, at any stage of hearing of the application for protection order or for any other relief under this Act grant temporary custody of any child or children to the aggrieved person or the person making an application on her behalf and specify, if necessary, the arrangements for visit of such child or children by the respondent:

Provided that if the Magistrate is of the opinion that any visit of the respondent may be harmful to the interests of the child or children, the Magistrate shall refuse to allow such visit.

Section 22 of Domestic Violence Act "Compensation orders"

In addition to other reliefs as may be granted under this Act, the Magistrate may on an application being made by the aggrieved person, pass an order directing the respondent to pay compensation and damages for the injuries, including mental torture and emotional distress, caused by the acts of domestic violence committed by that respondent.

 

Domestic Violence Act 2005

What are the definitions in Domestic Violence Act? Section 2 of The Protection of women from Domestic Violence Act 2005

What is Definition of domestic violence? Section 3 of The Protection of women from Domestic Violence Act 2005

What is Information to Protection Officer and exclusion of liability of informant? Section 4 of The Protection of women from Domestic Violence Act 2005

What are the Duties of police officers, service providers and Magistrate? Section 5 of The Protection of women from Domestic Violence Act 2005

What are the Duties of shelter homes? What are the Duties of medical facilities? Section 6 and 7 of The Protection of women from Domestic Violence Act 2005

What are Appointment of Protection Officers? What are the Duties and functions of Protection Officers? Section 8 and 9 of The Protection of women from Domestic Violence Act 2005

Who are Service providers? What are the Duties of Government? Section 10 and 11 of The Protection of women from Domestic Violence Act 2005

What is Application to Magistrate? What is Service of notice? Section 12 and 13 of The Protection of women from Domestic Violence Act 2005

What is Counseling? What is Assistance of welfare expert? How Proceedings to be held in camera? Section 14, 15 and 16 of The Protection of women from Domestic Violence Act 2005

What is Right to reside in a shared household? What are Protection orders? What are Residence orders? Section 17, 18 and 19 of The Protection of women from Domestic Violence Act 2005

What are Monetary relief? What are Custody orders? What are Compensation orders? Section 20, 21 and 22 of The Protection of women from Domestic Violence Act 2005

What is Power to grant interim and ex parte orders? What is the meaning of Court to give copies of order free of cost? What is Duration and alteration of orders? Section 23, 24 and 25 of The Protection of women from Domestic Violence Act 2005

What is Relief in other suits and legal proceedings? What is Jurisdiction? What is Procedure? What is Appeal? Section 26, 27, 28 and 29 of The Protection of women from Domestic Violence Act 2005

What is Protection Officers and members of service providers to be public servants? What is Penalty for breach of protection order by respondent? Section 30 and 31 of The Protection of women from Domestic Violence Act 2005

What is Cognizance and proof? What is Penalty for not discharging duty by Protection Officer? What is Cognizance of offence committed by Protection Officer? Section 32 33, and 34 of The Protection of women from Domestic Violence Act 2005

What is Protection of action taken in good faith? What is Act not in derogation of any other law? What is Power of Central Government to make rules? Section 35 36, and 37 of The Protection of women from Domestic Violence Act 2005

 

 

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