Criminal Law GK - 8 Protection of women from Domestic Violence Act 2005, Relief available, Protection Order, Order for monetary relief, Custody order for child, Residence Order, Compensation Order and Live in Relationship
 

SNo Legal Term/Question Answer
1 What is Domestic Violence As per Section 3 of the Protection of Women from Domestic Violence Act, 2005 Domestic Violence means:

(i) an act; or

(ii) omission; or

(iii) commission; or

(iv) conduct

For the purposes of this Act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it-:

(a) harms or injures or endangers the health, safety, life, limb or well‑being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or

(b) harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or

(c) has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause (a) or clause (b); or

(d) otherwise injures or causes harm, whether physical or mental, to the aggrieved person

2 What are the type of abuse in domestic violence Beating, slapping, hitting, biting, kicking, punching, pushing, shoving, or causing bodily pain or injury in any other matter
3 What is sexual abuse When anyone by one's conduct of sexual nature abuses, humiliates, degrades or otherwise violates the dignity of any woman, including one's wife, such person would be liable for domestic violence.
4 What is verbal and emotional abuse When a person insults, ridicules, humiliates or name calls his wife or other women related to him in the manner indicated above, such person would be liable for domestic violence.
5 What is economic abuse When anyone deprives his wife or woman of all or any economic or financial resources to which she is entitled or which she requires out of necessity, such person becomes liable for domestic violence.
6 How to seek relief in Domestic violence case As per Section 4 of the Act the aggrieved person may give information to the Protection Officer.
7 Who is Protection officer Protection officer is an officer appointed by the State Government in each district.
8 How to get relief Apply for orders under Section 12 of the Act.
9 How to apply for orders or relief under Section 27 Application for Protection order or any other relief available under the Act is to be filed in the court of JM First Class or MM.
10 What are the relief available 1. Protection Order

2. Order for monetary relief

3. Custody order for child

4. Residence Order

5. Compensation Order

6. Any other order than the above

 

 

SNo Legal Term/Question Answer
11 What are the steps to be taken by the Protection Officer or Service Provider In case of physical attack medical examination or medical facility or aid should be provided
12 Where to submit medical report The Protection officer should submit it with concerned Magistrate and concerned Police Station.
13 What is the procedure followed in Court As per Section 13 of the Act a notice of the date of hearing fixed under section 12 shall be given by the Magistrate to the Protection Officer, who shall get it served by such means as may be prescribed on the respondent, and on any other person, as directed by the Magistrate within a maximum period of two days or such further reasonable time as may be allowed by the Magistrate from the date of its receipt.

The Protection officer is to make report about service of notice

14 What is the maximum period for disposal of the application The Magistrate is to dispose of the application within 60 days of the date of first hearing
15 What are the procedures to be followed by the Magistrate As per Section 28 of the Act (1) Save as otherwise provided in this Act, all proceedings under sections 12, 18, 19, 20, 21, 22 and 23 and offences under section 31 shall be governed by the provisions of the Code of Criminal Procedure, 1973 (2 of 1974).

(2) Nothing in sub-section (1) shall prevent the court from laying down its own procedure for disposal of an application under section 12 or under sub-section (2) of section 23.

If necessary the Magistrate can conduct proceedings in camera.

16 What is the provision for counseling As per Section 14 of the Act (1) The Magistrate may, at any stage of the proceedings under this Act, direct the respondent or the aggrieved person, either singly or jointly, to undergo counseling with any member of a service provider who possess such qualifications and experience in counseling as may be prescribed.

(2) Where the Magistrate has issued any direction under sub‑section (1), he shall fix the next date of hearing of the case within a period not exceeding two months.

17 What are facts considered before passing any order If there is any report regarding the incident, the Magistrate may take into consideration. Protection officer or Service provider may submit report.
18 What are the relief which can be obtained from the Court in case of Domestic Violence 1. Compensation or damages as per Section 12(2)

2. Right to reside in shared household as per Section 17

3. Protection order under Section 18

4. Residence orders under Section 19

5. Monitory Relief under Section 20

6. Custody Orders under Section 21

7. Compensation Orders under Section 22

19 Can the the court impose additional conditions Yes, the court may impose additional conditions while the relief
20 Who will execute Protection Orders The magistrate may direct concerned Officer in charge of the Police Station to assist the implementation of Protection Order.

 

SNo Legal Term/Question Answer
21 Can the Magistrate direct for return of Stridhan and other Articles Yes, The Magistrate may direct the respondent to return the possession of the aggrieved person her stridhan or any other property or valuable security to which she is entitled to.
22 Can the court pass ex parte order Yes as per Section 2 of the Act, the Court can pass ex parte order when the other party is not in attendance.
23 What are the points to be considered by the Magistrate before passing the order Before passing ex parte order, under section 18, 19, 20, 21, or 22 of the Act the Magistrate should satisfy that:

1. The Opposite party is committing act of domestic violence

2. The Opposite party has committed an act of domestic violence;

3. There is likelihood that opposite party may commit an act of domestic violence.

24 What is Live in Relationship It is a de facto marriage or informal marriage and recognized in some countries as a marriage.
25 What are the guideline of Supreme Court for testing under what circumstances live in relationship fall within the expression a relationship in the nature of marriage under section 2(f) of the Domestic Violence Act. 1. Duration of period of relation ship means a reasonable period of relationship

2. Shared household as per section 2(s) of the Act

3. Pooling of resources and Financial Arrangements supporting each other or any one of them, financially sharing bank account, acquiring immovable property in joint name etc

4. Domestic arrangements

5. Sexual Relationship

6. Children

7. Socialization in Public

8. Intention and conduct of the parties

26 Can relief be claimed in other legal proceedings as well Relief available under section 18, 19, 20, 21 and 22 can be claimed in other legal proceedings as well.
27 What is the duration of Protection Order Protection order under section 18 shall be in force till the aggrieved person applies for discharge of the order under Section 25 of the Act.
28 What are the Procedure for filing appeal against the order Appeal can be filed with the Sessions Judge or Additional Sessions Judge
29 What is the time limit for filing appeal 30 days from the date of service of order challenged.
30 Is the party eligible to get copy of order As per Section 24 of the Act the Magistrate is required to supply copy of order to the parties free of cost.
31 What is the punishment for violation of Protection order The violator is liable to be punished under section 1 of the Act. Imprisonment may be upto 1 year or fine may be upto Rs. 20000.
32 What is the effect of breach of protection order When opposite party is to be tired for breach of protection order or an interim protection order, if the facts disclose, the Magistrate may also try the opposite party for offences:

1. Under the provisions of Section 498A of IPC or

2. any other Provision of Indian Penal Code or

Under the Provision of Dowry Prohibition Act, 1961.

 

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