Women – Domestic Violence

As per section 3 of THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT 2005, any act of omission or commission or conduct of the respondent (any adult male person who is, or has been, in a domestic relationship with the aggrieved person and against whom the aggrieved person has sought any relief under this Act) shall constitute domestic violence in case it –

(a) harms/ endangers the health & safety- whether mental or physical, of the aggrieved person (any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent)  and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or

(b) harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or

(c) has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause (a) or clause (b); or

(d) otherwise injures or causes harm, whether physical or mental, to the aggrieved person.

domestic relationship” means a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are family members living together as a joint family

What relief the Aggrieved Person can get   She can get the

  1. protection order
  2. an order for monetary relief 
  3. a custody order 
  4. a residence order 
  5. a compensation order
  6. more than one of such orders.
  7. free legal services
  8. required assistance to file a complaint under section 498A IPC

Who are the relief providers

  1. A police officer   –     At any police station
  2. Protection Officer –    At the Collectorate
  3. Service provider  –    Any voluntary association registered under the Societies               Registration Act, 1860(21 of 1860) or a company registered under the Companies Act, 1956 or any other law for the time being in force with the objective of protecting the rights and interests of women by any lawful means including providing of legal aid, medical, financial or other assistance shall register itself with the State Government as a service provider for the purposes of this Act.
  4. Magistrate – Passes orders for reliefs  No. 1 to 7 supra  basing upon the incident ‘Domestic Incident Report’ of the Protection officer/Service Provider to have Ist hearing within 3 days of filing likely to be completed within 6 months.