Answer By law4u team
The Protection of Women from Domestic Violence Act, 2005 (PWDVA) empowers magistrates to provide swift and effective relief to women subjected to domestic violence. Magistrates act as the primary judicial authority to issue protection and relief orders that ensure the safety, financial security, and welfare of the aggrieved woman and her dependents.
Powers Of Magistrates Under The Protection Of Women From Domestic Violence Act
1. Issuance of Protection Orders
Magistrates can issue orders restraining the respondent from committing any act of domestic violence, entering the aggrieved woman’s residence, or communicating with her.
These orders are immediate and binding to prevent further abuse.
2. Monetary Relief Orders
Magistrates can direct the respondent to pay monetary relief for the aggrieved woman and her children, covering expenses such as food, shelter, medical treatment, and education.
3. Residence Orders
The magistrate can grant residence orders allowing the aggrieved woman and her children to live in the shared household or alternative accommodation.
The respondent can be restrained from dispossessing or disturbing them from the residence.
4. Custody Orders
Magistrates have the authority to grant temporary custody of minor children to the aggrieved woman or suitable guardians, ensuring the child’s safety.
5. Compensation Orders
In cases of physical or mental injury, magistrates can order compensation to be paid by the respondent to the aggrieved woman.
6. Interim and Final Orders
Magistrates can pass interim (temporary) orders pending the final hearing to provide immediate relief.
After the full hearing, final orders are issued based on evidence.
7. Appointment and Oversight of Protection Officers
Magistrates oversee the functioning of Protection Officers who assist the aggrieved woman in filing complaints and obtaining relief.
8. Enforcement Powers
Magistrates have the authority to enforce their orders and can initiate contempt proceedings against respondents who disobey the orders.
Consumer Safety Tips
File complaints promptly with the magistrate’s court or Protection Officer.
Provide detailed evidence and documents supporting domestic violence claims.
Request interim orders for immediate protection during the hearing process.
Follow up regularly on enforcement of court orders.
Utilize legal aid services for representation and advice.
Example
Scenario:
Rita files a complaint under the Protection of Women from Domestic Violence Act against her husband for physical and emotional abuse.
Actions Magistrate Can Take:
Issue a protection order restraining the husband from approaching or contacting Rita.
Pass a monetary relief order for Rita’s maintenance and her children’s needs.
Grant Rita a residence order allowing her to stay in the matrimonial home without harassment.
Award temporary custody of minor children to Rita.
Direct the Protection Officer to assist Rita in enforcing these orders.
Take action if the husband violates any court orders, including contempt proceedings.
This ensures Rita’s immediate safety and financial security while the case proceeds.
