Under the Protection of Women from Domestic Violence Act, 2005 (DV Act), a woman who is a victim of domestic violence can claim several types of reliefs. These reliefs are aimed at providing immediate protection, support, and remedy for women facing abuse in domestic settings. Here are the key reliefs a woman can claim: 1. Protection Orders: - The woman can request an order from the court preventing the abuser from committing further acts of domestic violence. - The court may prohibit the abuser from entering the woman's residence or contacting her. 2. Residence Orders: - The court can direct the abuser to provide a separate residence to the woman (if she is unable to live in her marital home due to violence). - If she is living in shared accommodation, the court may order the abuser to vacate or stay away from the house. 3. Monetary Reliefs: - Compensation for harm caused: The woman can claim financial compensation for any physical or mental injuries caused due to domestic violence. - Maintenance or financial support: The court can direct the abuser to pay for the woman's living expenses, including food, medical expenses, and other costs. - The court may also provide compensation for the child, if applicable. 4. Custody Orders: - If the woman has children, she may request custody of the children, especially if the children are also victims of domestic violence or if the father is unfit to care for them. 5. Interim Orders: - Interim Protection Orders: The woman can seek urgent temporary protection while waiting for a final decision from the court. - Interim Residence Orders: These allow immediate relief for a woman to continue living in a safe space while the court proceedings are ongoing. 6. Police Assistance: - The Act provides for assistance from the police in removing the abuser from the residence and helping the woman with lodging a complaint or filing a case. - The police may also assist in escorting the woman to a shelter or providing protection from further violence. 7. Counseling and Legal Aid: - The court may direct the woman and the abuser to attend counseling sessions to address the issues and try to resolve the conflict. - The Act also provides for free legal aid and assistance to the woman to help her understand her rights and proceed with her case. 8. Criminal Procedure: - If there are allegations of serious violence (e.g., physical or sexual abuse), the woman may file criminal charges against the abuser under relevant sections of the Indian Penal Code (IPC). 9. Relief for Children: - The woman can seek protection for her children who may be affected by the domestic violence, including orders for their safety and support. These reliefs are meant to ensure that women facing domestic violence receive immediate protection, justice, and support, while also ensuring the perpetrator is held accountable.
Answer By AnikDear Client, The Protection of Women from Domestic Violence Act, 2005, allows an aggrieved person, defined as any woman who is or has been in a domestic relationship with the respondent and alleges domestic violence, to seek various reliefs by presenting an application to the Magistrate. the following types of reliefs available under the Act: Protection Orders (Section 18): If the Magistrate is prima facie satisfied that domestic violence has taken place or is likely to take place after hearing the aggrieved person and the respondent, a protection order may be passed in favor of the aggrieved person. This order can prohibit the respondent from various actions, including: Committing any act of domestic violence or aiding or abetting such acts. Entering the aggrieved person's place of employment, or if the aggrieved person is a child, their school or any other place they frequent. Attempting to communicate with the aggrieved person in any form, such as personal, oral, written, electronic, or telephonic contact. Alienating any assets, operating bank lockers or bank accounts used or held jointly or singly by the parties (including the aggrieved person's stridhan or any other property) without the Magistrate's permission. Causing violence to dependants, other relatives, or anyone assisting the aggrieved person from domestic violence. Committing any other act specified in the protection order. A protection order remains in force until the aggrieved person applies for its discharge. Residence Orders (Section 19): Upon being satisfied that domestic violence has occurred, the Magistrate may pass a residence order. These orders can include directions such as: Restraining the respondent from dispossessing or in any way disturbing the aggrieved person's possession of the shared household, regardless of whether the respondent has a legal or equitable interest in it. Directing the respondent to remove himself from the shared household; however, no such order can be passed against a woman. Restraining the respondent or any of his relatives from entering any part of the shared household where the aggrieved person resides. Restraining the respondent from alienating, disposing of, or encumbering the shared household. Restraining the respondent from giving up his rights in the shared household without the Magistrate's permission. Directing the respondent to provide alternate accommodation for the aggrieved person at the same standard of living as enjoyed in the shared household, or to pay rent for such accommodation, if circumstances require it. The Magistrate may also impose additional conditions or directions for the safety of the aggrieved person or any child. The Magistrate can require the respondent to execute a bond to prevent domestic violence and may direct police assistance in implementing the order. The Magistrate can also impose obligations on the respondent regarding the payment of rent and other dues, and direct the return of the aggrieved person's stridhan or other property/valuable security. Monetary Reliefs (Section 20): The Magistrate may direct the respondent to pay monetary relief to cover the expenses incurred and losses suffered by the aggrieved person and her children due to domestic violence. This relief can include, but is not limited to: Loss of earnings. Medical expenses. Loss caused by the destruction, damage, or removal of property from the aggrieved person's control. Maintenance for the aggrieved person and her children, which can be in addition to or in lieu of maintenance orders under other laws like Section 125 of the Code of Criminal Procedure, 1973. The monetary relief should be adequate, fair, reasonable, and consistent with the aggrieved person's accustomed standard of living. It can be ordered as a lump sum or monthly payments. If the respondent fails to make the payment, the Magistrate can order their employer or debtor to pay a portion of their wages, salary, or debt directly to the aggrieved person or deposit it with the court. Custody Orders (Section 21): At any stage of the hearing of an application for a protection order or other relief, the Magistrate may grant temporary custody of any child or children with the aggrieved person or the person who applies on her behalf. The Magistrate may also make arrangements for the respondent to visit the child or children, but will, if necessary, refuse to allow visitation to be granted should the Court consider it contrary to the interests of the child. Compensation Orders (Section 22): The Magistrate may direct that, in addition to other relief, compensation, and damages are paid by the respondent for the injuries arising from acts of domestic violence, including mental torture and emotional distress. Interim and Ex Parte Orders (Section 23): At any stage of the proceedings, the Magistrate may issue interim orders as may appear just and proper to him. Where the application makes out a prima facie case of the respondent committing or having committed, or likely to commit, domestic violence, the Magistrate shall grant an ex parte order on the basis of the aggrieved person's affidavit. These ex parte orders shall be for protection, residence, monetary, custody, or compensation reliefs (Sections 18-22). I hope this answer helps. In case of future queries please feel free to contact us. Thank you.
Discover clear and detailed answers to common questions about Domestic Violence. Learn about procedures and more in straightforward language.