domestic violence act (PART 2) by isha jain @lexcliq

FOR PART 1 (click here.)

What is a domestic relationship?

  • Relationship between two persons who live or have at any point of time lived together in a shared household
  • Includes relationship of consanguinity, marriage, relationship in the nature of marriage.
  • Shared household is a household where the woman lives or has lived with the man in a domestic relationship. She may not be living in the shared household at the time of the application for relief but such women are entitled to relief under the Domestic Violence Act as long as the domestic relationship subsists.
  • Every woman in a domestic relationship has the right to reside in the shared household, even if she does not have any right, title or interest in it.

Provision for shelter home and Medical Aid

An aggrieved person or on her behalf a Protection Officer or service provider can request to a person in charge of a shelter home or a medical facility to provide shelter or medical aid to her.

Who may file an application to the magistrate?

  • An aggrieved person or
  • A Protection Officer or
  • Any other person on behalf of the aggrieved person may present an application to the magistrate
  • It is the duty of the protection officer and the service provider to provide all assistance to the woman who is a victim of domestic violence.

Orders which a Magistrate may pass under the Act

The Magistrate may –

  1. Direct the respondent or the aggrieved person, either singly or jointly, to undergo counseling.
  2. Direct that the woman shall not be evicted or excluded from the household or any part of it.
  3. If considered necessary, the proceedings may be directed to be conducted in camera.
  4. Issue Protection order, providing protection to the woman.
  5. Grant 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.
  6. Grant custody orders, i.e., temporary custody of any child or children to the aggrieved person.
  7. Grant compensation/damages for the injuries. Including mental torture and emotional distress caused by the acts of domestic violence committed by that respondent.
  8. Breach of any order of the Magistrate is an offence which is punishable under the taw.
  • The Act is in addition to existing laws
  • Aggrieved person has the right to file a complaint simultaneously under Section 498A JPC
  • Reliefs under the Domestic Violence Act can also be asked for in other legal proceedings e.g. petition for divorce, maintenance, Section 498A IPC, etc

Domestic Incident Report (DIR)

Important Judicial Pronouncements

The Court of Sh. Jagdish Kumar: MM New Delhi – Ms S (Name changed) Vs Mr. A

  • Ms S who was employed with an International organization knew the respondent Mr. A who was the country director of an International Organization. A started communicating with the applicant on e-mail. During course of communication he disclosed that he is under going treatment for cancer arid was married arid had one son out of his wedlock. A invited the Ms S to work with him The applicant being interested in the kind of work offered and left her previous job and started working with the A on the project while working with the applicant the respondent started sharing things about his illness, removal from his previous job, family etc. and became friends. He asked S to marry him and took the initiative of applying sindoor and bindi and said “you are my wife”. invited the S to stay with him and started living together in one house. S claimed to have separated from his wife and was in the process of filing for divorce. A started spending on the household expenses and also used to pay the rent of the house where they lived. Held that S lived with A in the shared household in a relationship in the nature of marriage. S was entitled to maintenance for food, clothes, medicines and other basic necessity and further household and other miscellaneous.

Surekha Mote vs. State of Maharashtra High Court of Bombay

  • Held that “we have considered section 12 of the PWDV Act and the proviso to section 12. This does not mean that if no protection officers are appointed. The Magistrate ceases to have jurisdiction. That would frustrate the object of the act ” this means that complaint can be entertained directly by the magistrate even if there is no protection officer

Shalu Bansals Case Delhi

  • Court directed that respondents shall provide rent for separate residence as maintenance to the aggrieved person

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