Monetary Relief, Custody Orders and Compensation under Sections 20, 21 and 22 of the Domestic Violence Act

Section 20: Monetary reliefs

Section 20 empowers the Magistrate, while disposing of an application under Section 12(1), to direct the respondent to pay monetary relief to meet expenses incurred and losses suffered by the aggrieved person and any child of the aggrieved person because of domestic violence.

What may be covered?

The statutory list is inclusive, not exhaustive. It expressly covers loss of earnings, medical expenses, loss caused by destruction, damage or removal of property from the control of the aggrieved person, and maintenance for the aggrieved person and her children, if any.

Maintenance under Section 20 may operate under or in addition to maintenance available under the maintenance law referred to in the Act or another law for the time being in force. The monetary relief must be adequate, fair and reasonable and consistent with the standard of living to which the aggrieved person is accustomed.

Lump sum, monthly payment and enforcement

The Magistrate may order an appropriate lump sum or monthly maintenance according to the nature and circumstances of the case. A copy of a monetary-relief order is to be sent to the parties and to the officer in charge of the police station within whose local limits the respondent resides. Payment must be made within the period specified by the order.

If the respondent fails to pay, Section 20(6) permits the Magistrate to direct the respondent's employer or debtor to pay the aggrieved person directly, or deposit with the court, a portion of wages, salary or debt due to the respondent for adjustment against the monetary relief.

Section 21: Custody orders

Section 21 begins with a non-obstante clause and authorizes the Magistrate, at any stage of the hearing of an application for a protection order or other relief under the Act, to grant temporary custody of a child or children to the aggrieved person or to the person making an application on her behalf.

The Magistrate may specify arrangements for visits by the respondent. If the Magistrate considers a visit harmful to the interests of the child or children, the proviso requires the Magistrate to refuse that visit. The relief under Section 21 is therefore expressly temporary and focused on protection during proceedings under the Act.

Section 22: Compensation orders

Section 22 is an additional remedy. On an application by the aggrieved person, the Magistrate may direct the respondent to pay compensation and damages for injuries caused by acts of domestic violence. The provision expressly includes mental torture and emotional distress.

A compensation claim under Section 22 is conceptually different from the monetary relief in Section 20: Section 20 addresses expenses and losses flowing from domestic violence, while Section 22 expressly authorizes compensation and damages for injury, including non-pecuniary harm identified in the section.