OUTLINE OF DOMESTIC VIOLENCE ACT

(Student Edition)

Society of Hypocrites Suppressing Women

-Advocate Sunny Aroraa Lapa
(B.Com, LL.B, LL.M)

India is a spiritual-land where people emphasized to safeguard the rights of

worship the gods and goddesses, women. The patriarchal society say it loud
moreover compare their female child with and clear to give equal status to the
the supremacy of Goddess Laxmi. women but the violence against these
Unfortunately, the society of this women like rape, murder of young brides
hypocrites compare their own female child for dowry, verbal, physical and emotional
with goddess Laxmi but give no heed to abuse, is still prevailing in the society at a
the female child who is leaving behind her large scale. It’s been realized that there
family and accepting new family of her are other more brutal expressions caused
husband commonly called ‘Daughter-in- to the women living in a domestic
law’ or ‘Bahu’. relationship by their husband or his
family members.
Written laws from United Nations to
Constitution of India and inter alia
To confront the domestic violence definition. Further, it provides for the
situation happening behind the most of right of the women to secure housing. It
the closed doors. Constitution of India also provides for the right of a woman to
recognizes the fact that a women in India reside in her matrimonial home or shared
have been socially and economically household, whether such aggrieved
handicapped for centuries, therefore to woman have vested interest in such house
eliminate this socio-economic or home, this right is secured by residence
backwardness of women and to empower order under the Act. Further, it provides
them Article 15(3) was introduced which for a protection-order in favor of the
provides that state is not prevented from aggrieved person to precent the
making any ‘special provision’ for women respondent from or committing an act of
and children. By virtue of this Article domestic violence or any other specified
15(3), Article 21 and Article 14 of act, entering a workplace or any other
Constitution of India correlating with place frequented by the aggrieved person,
International Conventions legislature of attempting or causing violence to the
India introduced Protection of Women aggrieved person, her relatives or others
From Domestic Violence Act, 2005. This who provide her assistance from the
Act provides remedy under the civil law domestic violence. It also provides for
which is intended to protect the woman appointment of Protection Officers and
from being victims of domestic violence registrations of NGO’s as service providers
and to prevent the occurrence of domestic for providing assistance to the aggrieved
violence and matters incidental thereto. person with respect to her medical
The said Act, inter alia, covers those examination; obtaining legal aid, safe
women who were/are have been in a shelter.
relationship with the abuse where both
parties have lived together in a shared WHAT IS DOMESTIC VIOLENCE?
household and are related by
consanguinity, marriage or through a Section 3 provides that for purposes of
relationship in the nature of marriage or this legislation:
adoption. In addition, relationship with
family members living together as a joint
i. An act;
family are included. Even those women
ii. Omission
who are sisters, widows, mothers, single
iii. Commission
women or living with the abuser entitled
iv. Conduct
to protection under this legislation. the
act also defines “domestic violence” to
include use of threat or abuse that is shall constitute domestic violence in any
physical, sexual, verbal, emotional or of the following manner:
economic in nature, harassment by way of
unlawful dowry demands to the woman or Firstly, you or your act, omission,
his relatives of husband causing such commission or conduct harm or injure or
distress would also be covered under this

2
endanger health,safety, life, limb or well- ii. At any point of time, lived with
being of aggrieved person. the respondent in shared
household;
Secondly, if you harass, harm, injure, or iii. is related to respondent by any
endanger, the aggrieved person with a of the following:
view to coerce her or any person related to a. by consanguinity
her to meet any unlawful demand for any b. by marriage
dowry or other person related to her to c. through a relationship in the
meet any unlawful demand for any dowry nature of marriage as a joint
or other property or valuable security. family.

Thirdly, if your act, omission or WHAT IS SHARED HOUSEHOLD?

commission or conduct has the effect of
threatening the aggrieved person or any In common parlance, shared means
person related to her by any conduct common, joint and mutual. But as per the
mentioned in above clauses. aspect of this legislation shared
household means where the aggrieved
Fourthly, if you by your act omission or person and the opposite party has
commission or conduct otherwise injure domestic relationship with him in the
or cause harm to the aggrieved person, manner indicated above,
whether physically or mentally.
i. are living
WHO IS AGGRIEVED PERSON? ii. at any stage, lived in a
domestic relationship either
A aggrieved person is a woman, who singly or along with the
alleges to have been subjected to act of opposite party.
domestic violence, by the opposite party.
Such woman must have domestic Under this legislation it is not necessary
relationship with the opposite party whom that the woman the aggrieved person is
such allegation of any kind of abuse is even presently living with the husband. A
levelled. Children are also entitled to relief woman who at any point of time lived with
as aggrieved person. respondent together in a shared
household is also covered by the definition
WHAT IS DOMESTIC RELATIONSHIP? of aggrieved person. Shared household
includes jointly owned premises and
tenanted premises by either of the spouse.
It means when such a woman:

i. Lives with the respondent in a

shared household;

3
TYPES OF ABUSES v. insults for not bringing dowry
vi. preventing the aggrieved woman
Physical Abuse or a child in her custody from
attending school, college or any
When anyone cause bodily pain, harm or other educational institution
danger to life, limb or health of the woman vii. preventing woman from taking
or development of the woman, it would up a job
amount to physical abuse. viii. forcing the woman to leave her
job
ix. preventing woman or her child in
her custody from leaving the
house
Sexual Abuse x. preventing woman from meeting
any person in the normal course
When anyone by one’s conduct of sexual of events
nature abuses, humiliates, degrades or xi. forcing the woman to get marry
otherwise violates the dignity of any when she does not want to marry
woman, including one’s wife, such person xii. preventing woman from
are liable for domestic violence. Likewise- marrying a person of her own
choice
i. forcing the woman to have xiii. forcing the woman to marry a
sexual intercourse; particular person against her
ii. forcing the woman to look at wish
pornography or any other xiv. extending threats to commit
obscene material; suicide
iii. indulging in sexual abuse of a xv. any other verbal or emotional
child; expression which have tendency
iv. etc to cause humiliation in any
manner
Verbal and Emotional Abuse

When one insults, ridicules, humiliates or

name calls his wife or other woman Economic Abuse
related to her, such person is liable for the
domestic violence. Likewise- When anyone deprives his wife or
partner in a living-relationship of all or
i. insults any economic or financial resources to
ii. name-calling which she is entitled or which she
iii. accusations on character or requires out of necessity for herself or
conduct her child or household, such person
iv. insults for not having a male becomes liable for domestic violence.
child

4
If any person intends to dispose of or x. not paying rent if staying in a
have disposed any household affect or rented accommodation with
alienate any assets, whether movable intent to humiliate or turn her
or immovable, in which his wife or out.
partner in living-relationship has an
interest, such person will be liable for A person liable for domestic violence
economic abuse. even when he disposes of or intend to
dispose of stridhan or joint property or
Furthermore, where any household any separate property of his wife or of
effect, assets-whether movable or the woman related to him in the
immovable is reasonably required by manner indicated above.
wife or partner in living-relationship or
children and spouse or partner intend
to dispose of or have disposed of any
such article or property, such person is REMEDIES UNDER DOMESTIC
liable to for domestic violence. VIOLENCE ACT

Examples of acts of economic abuse: On application under section 12 of the

legislation aggrieved woman may present
i. not providing money to the an application to the Magistrate at any of
woman for maintain her or her the following places or protection officer
children; on behalf of the aggrieved woman can also
ii. not providing food, clothes, file domestic incident report i.e. complaint
medicines for her or her to Magistrate:
children;
iii. disturbing the woman from i. where aggrieved person,
carrying her employment; permanently or temporarily
iv. stopping the woman from reside;
carrying her employment; ii. where aggrieved person carry on
v. not allowing the woman to take business;
up an employment; iii. where aggrieved person is
vi. taking away income from salary, employed;
wages of the woman; iv. where opposite party resides;
vii. not allowing woman to use her v. where opposite party carries on
salary or wages; business;
viii. forcing the aggrieved woman out vi. where opposite party is
of the house she lives in stopping employed;
the woman from assessing or vii. where the cause of action has
using any part of the house; arisen i.e. where acts of domestic
ix. not allowing the woman use of violence taken place.
clothes, articles or things of
general household use;

5
 b. Aiding or abetting in
commission of domestic
WHAT RELIEFS AGGRIEVED violence
WOMAN CAN SEEK FROM THE c. Entering the place of
MAGISTRATE UNDER DOMESTIC employment of the aggrieved
VIOLENCE ACT person;
d. Entering the school or other
i. COMPENSATION OR place frequented by the
DAMAGES FOR INJURIES aggrieved person;
e. Attempting to communicate
The Act provides that aggrieved in any form with the
person may claim relief by way of aggrieved woman personally,
compensation or damages for orally, telephonically,
the injuries caused by the acts of electronically;
domestic violence under section f. Alienating any assets used or
12(2). held or enjoyed by the
aggrieved alone or jointly with
ii. RIGHT TO RESIDE IN A opposite party;
SHARED HOUSEHOLD g. Operating bank lockers or
Every woman in a domestic bank accounts used or held
relationship shall have right to or enjoyed by the parties
reside in the shared household, alone or jointly;
whether or she has right, title or h. Alienating any assets,
beneficial interest in the same operating bank lockers or
under section 17. bank accounts referred to
It further provides that the above or stridhan or any
aggrieved woman shall not be other property, without the
evicted or excluded from the leave of the Magistrate;
shred household or any part of it i. Causing violence to the
by the opposite party save in dependents or other relatives
accordance with the procedure or any who assists the
established by law. aggrieved woman in
protecting her from domestic
iii. PROTECTION ORDER UNDER violence;
SECTION 18 j. Committing any other act to
A prohibitory order may be be specified in the protection
passed against opposite party order.
from:
a. Committing any act of iv. RESIDENCE ORDER UNDER
domestic violence SECTION 19
Wife has right to reside in the
shared household. She cannot

6
be expelled from there by her vi. Directing the respondent
husband or by any of his to secure same level of
relatives. But in certain situation alternate accommodation
there could be instance of living for the aggrieved person as
separately from the husband enjoyed by her in the
and his relatives. In such cases, shared household or to
order may be passed for same pay rent for the same, if
level of alternate accommodation the circumstances so
for the aggrieved woman. A require.
residence order would be to the
following effect: It is noteworthy that no such order under
i. Restraining the above clause (ii) can be passed against
respondent from any woman.
dispossessing or in any
other manner disturbing The Magistrate while passing a residence
the possession of the order may impose any additional
aggrieved woman from the conditions or pass any other direction
shared household. Such which he may deem reasonably necessary
an order can be passed if to protect or to provide for the safety of the
even the opposite party aggrieved person or any child of such
has or has no legal or woman.
equitable interest in the
shared household;
The Magistrate may require from the
ii. Directing the respondent
opposite party to execute a bond, with or
to remove himself from the
without sureties, for preventing the
shared household;
commission of domestic violence.
iii. Restraining the
Moreover, a direction can also be passed
respondent to remove
to make the payment of the rent.
himself from the shared
Whenever, such bond is forfeited or any
housefhold in which the
condition thereof is violated by the
aggrieved person resides;
respondent, Magistrate is empowered to
iv. Restraing the respondent
impose penalty upon the respondent and
from alienating or
also to get the order implemented.
disposing off the shared
household or
encumbering the same; MONETARY ORDER UNDER SECTION
v. Restraining the 20
respondent from
renouncing his rights in Such reliefs can be granted under section
the shared household 20 of the Act. While disposing of an
except with the leave of the application under section 12(1), the
Magistrate; Magistrate may direct the respondent to

7
pay monetary relief to meet the expenses
incurred or losses suffered by the
aggrieved person and any child of the
aggrieved person as a result of domestic
violence and such relief may include, but CUSTODY ORDER UNDER SECTION 21
not limited to-
The act provides that notwithstanding
i. The loss of earnings; anything contained in any other law for
ii. The medical expenses; the time being in force, the Magistrate
iii. The loss caused due to the may, at any stage of hearing of the
destruction, damage or removal protection order or for any other relief
of any property from the control under the Act grant temporary custody of
of the aggrieved person; any child or children to the aggrieved
iv. The maintenance for- person or the person making an
a. the aggrieved person application on her behalf. Magistrate may
b. her children (if any) also specify as to what arrangements are
to be made for visit of such child or
Such an order of maintenance includes an children by the respondent. If the
order under or in addition to an order of Magistrate is of the opinion that any visit
maintenance under section 125 Criminal of the respondent may be harmful to the
Procedure Code,1973 or any other law for interest of the child or children, the
the time being in force. Magistrate shall refuse to allow such visit.

After passing such order Magistrate shall COMPENSATION ORDER UNDER

send a copy of such order to the incharge SECTION 22
of the Police Station within the local limits
on whose jurisdiction the respondent Under this Act remedy has been provided
resides. to compensate the victim on account of
domestic violence. The Act provides that
Upon the failure on the part of the in addition to other reliefs as may be
respondent to make payment in term of granted under this Act, the Magistrate
the order under sub-rule, the Magistrate may on an application being made by the
may direct the employer or a debtor of the aggrieved person, pass an order directing
respondent, to directly pay to the the respondent to pay compensation and
aggrieved person or to deposit with the damages for injuries, incuding mental
court a portion of the wages or salaries or torture and emotional distress caused by
debts due to or accrued to the credit of the the acts of domestic violence committed
respondent, which amount may be by that respondent.
adjusted towards the monetary relief
payable by the respondent.

8
EX PARTE ORDER UNDER SECTION 23 only during the pendency of the case.
Aggrieved woman can seek interim relief
Ex parte order is that order which is for Protection Order, Residence Order,
passed in favour of one party when the Custody Order, Monetary Relief Order,
other party is not in attendance before the Compensation Order.
Court either because of non-appearance
or having absented during the
proceedings. The Ex Parte order can be
passed in respect of Protection Order, LAPA LAW ASSOCIATES
Residence Order, Custody Order, Adv. Sunny Aroraa
Monetary Relief Order, Compensation advsunnyaroraa@gmail.com
Order. Ph.8390000700

Before passing an ex parte order as above

Magistrate should get satisfied that the
application prima facie discloses that:

i. The opposite party is committing

an act of domestic violence;
ii. The opposite party has
committed an act of domestic
violence;
iii. There is likelihood that the
opposite a party may commit an
act of domestic violence.

Punishment for violation of Protection

Order

Whenever at the opposite party commit

breach of protection order or interim
protection order, opposite party become
liable for punishment under section 31 for
imprisonment or fine or both.

INTERIM RELIEFS

Interim relief is such a relief which is

granted in favor of a party during
pendency of the main petition or
application. Interim orders remain in force