DOMESTIC VIOLENCE

There is NEVER an end for Domestic violence against women, after independence the Government has introduced many Acts & Amendment to protect and safeguard women yet we have utterly failed to wipe tears of innocent women's in our country not only because of Government or Court but also because of few Women who hesitate to open up about their abuse with a fear of society, religion & name or lack of awareness about law.

The irony is few women who are aware about law use the law as a weapon to blackmail or harass there husband and in-laws.

Our sincere request to all the women is use our law for your protection and not to abuse your husband or in-laws. The Hon'ble Supreme Court has fined the Petitioner and sentenced simple imprisonment for abusing Court of law with an intention to harass her husband.

Here in this article V have shared an information about #Domestic #Violence #Act #2005 (#DV ACT) and their procedure & benefits.

The Protection of Women from Domestic Violence Act, 2005.

The above said Act enacted on September 2005 and came to force on 26.10.2006, Any victim women can file a case against on her Husband or in-laws or relatives of husband in any Civil or Magistrate courts it includes Family courts.

WHO CAN SEEK RELIEF FROM WHOM IN THIS ACT ?

• Any Women who are in domestic relationship, like Mother, Wife, Sister, Daughter (herein after called as Petitioner) against Husband, Father, In-laws, Son, Brother (herein after called as Respondent)

WHAT IS DOMESTIC VIOLENCE ?

• Any harm or injuries or endangers the health, safety, life of well-being, it includes causing physical abuse (Causing pain or injury to the petitioner body etc.,), sexual abuse (Seeking unnatural sex, humiliating, abusing for sexual nature etc.,), verbal and emotional abuse (Insulting, humiliating, Calling with abusive words, abusing for not having child or their favor child etc.,) and economic abuse (Selling petitioner properties like gold, immovable property, not providing basic necessities, depriving all financial right which petitioner are legally entitled, etc., );

• harassing or causing injures to the petitioner with an intention to get dowry by way of money or property.

• Threatening the Petitioner.

• Deserting her from the house

• Degrading or showing gesture which damages petitioner reputation or standard etc.,

WHERE CAN A WOMEN SEEK RELIEFS ?

• A women can directly file an application to the Hon'ble court through an Advocate or she can approach in person or through a Govt. appointed Service providers

• The Petitioner can file a case before Family court or Magistrate or Civil court.

• The Petitioner can file within a limit of court, where she resides or the Respondent resides ( ex: If she resides in Delhi and her husband works in Bengaluru then she can file a case either in Delhi or Bengaluru )

WHAT ORDERS CAN BE SOUGHT FROM THE COURT ?

• Protection order:- Court may order the respondent to stop the domestic violence against Petitioner, Directing the Respondent not to communicate through phone/WhatsApp or any social media, Not to obstruct the Petitioner to go office/parent house/temple or any place, Not to alienate the properties which belongs to Petitioner, Not to operate Joint account (Savings or loan) without leave of the court, Not to cause damage/hurt to Petitioner parents or relatives or child, etc.,

• Residence Order:- Court may order the respondent not to disturb her peaceful possession even if she doesn't have any right in the house (even If the Respondent owned the property by way of self-acquired or by ancestral the Petitioner can seek this order), to Provide separate house, Not to alienate the house, Directing the respondent to pay the Rent of the house, Directing not to enter specified room, Directing the Respondent to remove himself from the house.

• Monetary reliefs:- Direct the Respondent to pay monthly maintenance to the Petitioner and her child, Direct the Respondent to bear the expenses of hospital or losses of earning as a result of Domestic violence caused by the Respondent, even if the Petitioner is already receiving any maintenance order under section 125 of CrPC in any other court, still the Petitioner can seek this relief as an addition to it.

• Custody Order:- Court may order the Respondent to give back the custody of child to Petitioner, If the Respondent visit is harmful for the child mental health then Court may order to restrain the Respondent to visit the Child.

• Compensation Order:- The Petitioner can seek compensation from the Respondent for causing damage/hurt, mental torture and emotional distress, caused by the acts of domestic violence committed by the respondent.

CAN WOMEN GET INTERIM MAINTENANCE ?

• Yes, The Petitioner can get Interim maintenance until dispose of the case.

• Not only maintenance, the Petitioner can claim interim custody of child, interim protection and Residency order from the court.

WHAT IS EX-PARTE ORDER ?

• A well settled principal of law is that "if any party files an Application or Petition before the Court and the Court shall pass an order after hearing from both the side parties (Petitioner & Respondent) ". The ex parte order is passing an order after hearing from one party without summoning/notice to other party.

• If there is an emergency or urgency or if there is no order from the court then there would be a larger damage to the Petitioner or child then the Hon'ble court may grant ex parte order in the interest to protect the Petitioner life & property.

• The Petitioner can seek ex parte order of Protection, maintenance or any relief. The Hon'ble Court may look in to the document (Photos, Medical record, FIR copy) produced by the Petitioner before passing an ex parte order.

CAN WOMEN SEEK MAINTENANCE FROM TWO DIFFERENT COURTS ?

• The Petitioner should disclose the cases pending before Magistrate, Civil Court, Family court and its any interim or final order then the Court may pass additional maintenance under DV act, only if the Petitioner proves that the earlier order from other court is not suffice.

Case Law:-

1. Shashikumar N & anr. Vs Smt. S Leelavathi @Pramila :- "Woman who had shared household with husband in past(prior to coming into force of Act) and is no longer residing is also entitled to protection under this Act"

2. AIR 2009 (NOC) 2841 (Cal) :- Protection order can be passed only against male adult person. A female cannot be made 'respondent' for that purpose.

3. AIR 2009 (NOC) 1017 (Ker) / AIR 2009 Del 72 :- Residence order in favour of daughter-in-law who resided in building belonging to father-in-law for short duration may be made. Residence order passed u/s 19 of DV Act for facilitating residence of wife in respect of said building is proper. Whether her husband has a legal or equitable interest in shared household irrespective.

4. AIR 2009 (NOC) 813 (Chh) :- Maintenance to Petitioner as well as her child may be awarded in accordance with provision of Sec. 20 of the DV act and petitioner is not required to establish her case in terms of Sec 125 of CrPC.

5. Ramachandrachar Vs Devakumari :- Monetary relief could be granted in favour of woman who is thrown out of the matrimonial home prior to the coming into force of the DV act is also entitled to seek maintenance.

6. Seema Vs Rajinder singh :- Respondent shall not alienate the shared house till the final disposal of the petition.

7. T Saritha reddy Vs T Obireddy :- Granting temporary injunction restraining the Respondent (father-in-law) from entering upon the matrimonial house.

8. AIR 2009 (NOC) 808 (Bom) :- Before granting interim relief opportunity of hearing is to be given to Respondent (in certain cases)

9. AIR 2009 (NOC) 1013 (Bom) :- Husband has given false statement to vacate the Interim order in High Court , the petition was dismissed with cost of Rs. 25,000/-.

10. Inderjit singh grewal Vs State of Punjab & Anr :- Limitation should be calculate under provisions of CrPC are applicable.

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