Important provisions of Domestic Violence Act

 Key Definitions You Must Know

Aggrieved Person: Any woman who is or has been in a domestic relationship with the respondent and alleges domestic violence.

Respondent: Any adult male person who is or has been in a domestic relationship with the aggrieved person.

Domestic Relationship: Relationship between two persons who live or have lived together in a shared household, related by blood, marriage, relationship in nature of marriage, adoption, or family members in joint family.

Shared Household: A household where the aggrieved person lives or has lived, including jointly owned, tenanted, or belonging to joint family, regardless of ownership rights.

Four Types of Domestic Violence

The Act recognizes four categories of abuse:

·       Physical abuse

·       Sexual abuse

·       Verbal and emotional abuse

·       Economic abuse

Who Can File Applications

Applications can be filed by:

·       The aggrieved person herself

·       A Protection Officer

·       Any other person on behalf of the aggrieved person

Major Relief Orders Available

Protection Orders (Section 18): Magistrate can prohibit respondent from:

·       Committing domestic violence

·       Entering aggrieved person's workplace/school

·       Communicating with aggrieved person

·       Alienating assets or bank accounts

·       Causing violence to dependants/relatives

Residence Orders (Section 19): Can include:

·       Restraining respondent from dispossessing aggrieved person

·       Directing respondent to leave shared household

·       Restraining entry into portions where aggrieved person resides

·       Providing alternate accommodation or rent payment

Monetary Relief (Section 20): Covers:

·       Loss of earnings

·       Medical expenses

·       Property damage losses

·       Maintenance for aggrieved person and children

Custody Orders (Section 21): Temporary custody of children to aggrieved person with visitation arrangements.

Compensation Orders (Section 22): Payment for injuries, mental torture, and emotional distress.

Important Procedural Points

Jurisdiction: Cases can be filed where:

·       Aggrieved person resides/works

·       Respondent resides/works

·       Cause of action arose

Ex-parte Orders: Magistrate can grant immediate relief if satisfied that domestic violence has occurred or is likely to occur.

Duration: Protection orders remain in force until aggrieved person applies for discharge.

Appeal: Appeals must be filed within 30 days to Court of Session.

Key Penalties

Breach of Protection Order: Punishable with:

·       Imprisonment up to one year, OR

·       Fine up to ₹20,000, OR

·       Both

The offence is cognizable and non-bailable.

Special Features

·       Sole Testimony: Court may conclude offence based solely on aggrieved person's testimony

·       Right to Reside: Every woman in domestic relationship has right to reside in shared household regardless of ownership

·       Additional Law: This Act supplements other laws like IPC Section 498-A and Dowry Prohibition Act

·       Pan-India Enforcement: Orders are enforceable throughout India

Quick Memory Tips 

·       Remember: Physical, Sexual, Verbal/emotional, Economic abuse

·       Four main orders: Protection, Residence, Monetary, Custody

·       30-day appeal period

·       Cognizable and non-bailable breach offences

·       Ex-parte relief available for immediate protection

·       Only women can be aggrieved persons under this Act

                   

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