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

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

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

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or any economic or financial vii. not allowing woman to use her
resources to which she is entitled or salary or wages;
which she requires out of necessity viii. forcing the aggrieved woman
for herself or her child or household, out of the house she lives in
such person becomes liable for stopping the woman from
domestic violence. assessing or using any part of
the house;
If any person intends to dispose of or ix. not allowing the woman use of
have disposed any household affect clothes, articles or things of
or alienate any assets, whether general household use;
movable or immovable, in which his x. not paying rent if staying in a
wife or partner in living-relationship rented accommodation with
has an interest, such person will be intent to humiliate or turn her
liable for economic abuse. out.

Furthermore, where any household A person liable for domestic violence

effect, assets-whether movable or even when he disposes of or intend
immovable is reasonably required by to dispose of stridhan or joint
wife or partner in living-relationship property or any separate property of
or children and spouse or partner his wife or of the woman related to
intend to dispose of or have disposed him in the manner indicated above.
of any such article or property, such
person is liable to for domestic
violence.
REMEDIES UNDER DOMESTIC
Examples of acts of economic abuse: VIOLENCE ACT

i. not providing money to the On application under section 12 of the

woman for maintain her or her legislation aggrieved woman may
children; present an application to the Magistrate
ii. not providing food, clothes, at any of the following places or
medicines for her or her protection officer on behalf of the
children; aggrieved woman can also file domestic
iii. disturbing the woman from incident report i.e. complaint to
carrying her employment; Magistrate:
iv. stopping the woman from
carrying her employment; i. where aggrieved person,
v. not allowing the woman to take permanently or temporarily
up an employment; reside;
vi. taking away income from ii. where aggrieved person carry
salary, wages of the woman; on business;

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

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 the aggrieved woman in housefhold in which the
protecting her from aggrieved person
domestic violence; resides;
j. Committing any other act to iv. Restraing the respondent
be specified in the from alienating or
protection order. disposing off the shared
household or
iv. RESIDENCE ORDER UNDER encumbering the same;
SECTION 19 v. Restraining the
Wife has right to reside in the respondent from
shared household. She cannot renouncing his rights in
be expelled from there by her the shared household
husband or by any of his except with the leave of
relatives. But in certain the Magistrate;
situation there could be vi. Directing the respondent
instance of living separately to secure same level of
from the husband and his alternate
relatives. In such cases, order accommodation for the
may be passed for same level aggrieved person as
of alternate accommodation enjoyed by her in the
for the aggrieved woman. A shared household or to
residence order would be to pay rent for the same, if
the following effect: the circumstances so
i. Restraining the require.
respondent from
dispossessing or in any It is noteworthy that no such order
other manner disturbing under above clause (ii) can be passed
the possession of the against any woman.
aggrieved woman from
the shared household. The Magistrate while passing a
Such an order can be residence order may impose any
passed if even the additional conditions or pass any other
opposite party has or has direction which he may deem
no legal or equitable reasonably necessary to protect or to
interest in the shared provide for the safety of the aggrieved
household; person or any child of such woman.
ii. Directing the respondent
to remove himself from
The Magistrate may require from the
the shared household;
opposite party to execute a bond, with
iii. Restraining the
or without sureties, for preventing the
respondent to remove
commission of domestic violence.
himself from the shared
Moreover, a direction can also be

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passed to make the payment of the local limits on whose jurisdiction the
rent. Whenever, such bond is forfeited respondent resides.
or any condition thereof is violated by
the respondent, Magistrate is Upon the failure on the part of the
empowered to impose penalty upon the respondent to make payment in term of
respondent and also to get the order the order under sub-rule, the Magistrate
implemented. may direct the employer or a debtor of
the respondent, to directly pay to the
MONETARY ORDER UNDER SECTION aggrieved person or to deposit with the
20 court a portion of the wages or salaries
or debts due to or accrued to the credit
Such reliefs can be granted under of the respondent, which amount may
section 20 of the Act. While disposing of be adjusted towards the monetary relief
an application under section 12(1), the payable by the respondent.
Magistrate may direct the respondent to
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 CUSTODY ORDER UNDER SECTION
include, but not limited to- 21

i. The loss of earnings; The act provides that notwithstanding

ii. The medical expenses; anything contained in any other law for
iii. The loss caused due to the the time being in force, the Magistrate
destruction, damage or may, at any stage of hearing of the
removal of any property from protection order or for any other relief
the control of the aggrieved under the Act grant temporary custody
person; of 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
b. her children (if any) may also specify as to what
arrangements are to be made for visit
Such an order of maintenance includes of such child or children by the
an order under or in addition to an order respondent. If the Magistrate is of the
of maintenance under section 125 opinion that any visit of the respondent
Criminal Procedure Code,1973 or any may be harmful to the interest of the
other law for the time being in force. child or children, the Magistrate shall
refuse to allow such visit.
After passing such order Magistrate
shall send a copy of such order to the
incharge of the Police Station within the

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COMPENSATION ORDER UNDER ii. The opposite party has
SECTION 22 committed an act of domestic
violence;
Under this Act remedy has been iii. There is likelihood that the
provided to compensate the victim on opposite a party may commit
account of domestic violence. The Act an act of domestic violence.
provides that in addition to other reliefs
as may be granted under this Act, the Punishment for violation of
Magistrate may on an application being Protection Order
made by the aggrieved person, pass an
order directing the respondent to pay Whenever at the opposite party commit
compensation and damages for injuries, breach of protection order or interim
incuding mental torture and emotional protection order, opposite party become
distress caused by the acts of domestic liable for punishment under section 31
violence committed by that respondent. for imprisonment or fine or both.

INTERIM RELIEFS

EX PARTE ORDER UNDER SECTION Interim relief is such a relief which is

23 granted in favor of a party during
pendency of the main petition or
Ex parte order is that order which is application. Interim orders remain in
passed in favour of one party when the force only during the pendency of the
other party is not in attendance before case. Aggrieved woman can seek
the Court either because of non- interim relief for Protection Order,
appearance or having absented during Residence Order, Custody Order,
the proceedings. The Ex Parte order can Monetary Relief Order, Compensation
be passed in respect of Protection Order.
Order, Residence Order, Custody Order,
Monetary Relief Order, Compensation
Order.
LAPA LAW ASSOCIATES
Before passing an ex parte order as Adv. Sunny Aroraa
above Magistrate should get satisfied advsunnyaroraa@gmail.com
that the application prima facie Ph.8390000700
discloses that:

i. The opposite party is

committing an act of domestic
violence;