Welcome to all the members of

Nyayavadi Parishad

17-05-2020
Protection Of Women From
Domestic Violence Act, 2005
 History of Violence Against
Women in India
Sita in the Ramayana Draupadi in the
Mahabharat
 Need for the DVC Act
O Human rights issue
O Vienna Accord 1994
O Beijing Declaration
and Platform for Action (1995)
O Recommendations of UN Committee on
convention on Elimination of All Forms of
Discrimination Against Women
 Can she file DVC?
O Maid
O Daughter
O Step daughter
O Widow
O Widow Sister- in-law
O Daughter-in-law
O Wife living separately
O Live in Relationship – Relationship in the Nature
of Marriage
 Chapter 1
Short title, Extent and Commencement
O This Act may be called the Protection of
Women from Domestic Violence Act, 2005.
O It extends to the whole of India except the
State of Jammu and Kashmir.
J&K Protection of Women from Domestic
Violence Act 2010
O It shall come into force on such date  (26-10-
2006) as the Central Government may, by
notification in the Official Gazette, appoint.
 Definitions
O Aggrieved person
O Child
O Compensation order - section 22
O Custody order - section 21
O Domestic incident report
O Domestic relationship
O Domestic violence - section 3;
O Dowry - section 2 of the Dowry Prohibition Act, 1961 (28 of 1961);
O Magistrate” means the Judicial Magistrate of the first class, or as the
case may be, the Metropolitan Magistrate, exercising jurisdiction
under the Code of Criminal Procedure, 1973 (2 of 1974)
O Medical facility
 Definitions Continued
O Monetary relief
O Notification
O Prescribed
O Protection Officer means an officer appointed by the State Government
under sub-section (1) of section 8;
O Protection order means an order made in terms of section 18;
O Residence order means an order granted in terms of sub-section (1) of
section 19;
O Respondent
O Service provider means an entity registered under sub-section (1) of
section 10;
O Shared household
O Shelter home
 Chapter 2
Definition of domestic violence
O For the purposes of this Act, any act, omission or commission or
conduct of the respondent shall constitute domestic violence in case it
—
O (a) Harms or injures or endangers the health, safety, life, limb or
well‑being, whether mental or physical, of the aggrieved person or
tends to do so and includes causing physical abuse, sexual abuse,
verbal and emotional abuse and economic abuse; or
O (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
O (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
 Physical Abuse
O Any act or conduct which is of such a nature
as to cause bodily pain,
O Harm,
O Danger to life, limb,
O Health
O Impair the health or development of the
aggrieved person and includes assault,
criminal intimidation and criminal force;
 Sexual Abuse
O Any conduct of a sexual nature that abuses,
O Humiliates,
O Degrades
O Violates the dignity of woman
O Use of cheap language
O Gestures
O Pornography
O Child sexual abuse
O Forced sexual intercourse
O Ridiculing the women and their associates
Verbal and Emotional abuse
O Insults,
O Ridicule,
O Humiliation,
O Name calling
O Insults or ridicule specially with regard to not having a
child or a male child
O Insult for not bringing dowry
O Forcing to leave a job
O Forcing to get married when she doe not want to marry
 Verbal and Emotional abuse
Continued
O Insulting aggrieved person for the looks
https://www.ndtv.com/india-news/wife-calling-husban
d-mota-haathee-merits-divorce-says-court-1291496
O Insulting for dark skin
O Habitual drinking
O Comparing wife with others
O Declining or refusing to have sex with her
O Husband wants to marry another women and wants
the wife to accept the second marriage
O Always suspecting the aggrieved person for nothing
 Economic Abuse
O Deprivation of all or any economic or financial resources
O Household necessities for the aggrieved person and her children, if any,
O Stridhan, property, jointly or separately owned by the aggrieved person,
O Payment of rental related to the shared household and maintenance;
O Disposal of household effects
O Any alienation of assets whether movable or immovable,
O Valuables,
O Shares,
O Securities,
O Bonds and the like or other property
O Prohibition or restriction to continued access to resources or facilities
 Chapter 3
Duties of the Police Officers, Service Providers and
Magistrate
Information to Protection Officer and
exclusion of liability of informant
O Any person can inform about domestic
violence to the concerned Protection Officer.
O No liability, civil or criminal, shall be incurred
by any person for giving in good faith of
information for the purpose 
 Chapter 4
O Procedure for Obtaining Orders of Reliefs
Sec 12 - Application to Magistrate
O Protection Officer – DIR (Domestic violence
Incident Report – Form I
O May include a relief for payment of compensation
O Damages for the injuries :
O Any amount as compensation or damages
O First date of hearing- Not beyond 3 days from the
date of receipt of the application by the court.
O Disposal - within a period of 60 days from the
date of its first hearing.
Sec 13 - Service of Notice
O A notice of the date of hearing fixed under
section 12 - given by the Magistrate to the
Protection Officer - within a maximum period
of 2 days or such further reasonable time as
may be allowed
O A declaration of service of notice - Proof
 Sec 14 - Counselling
O The Magistrate may, at any stage of the
proceedings - either singly or jointly,
O  Where the Magistrate has issued any direction
under sub‑section (1), next date of hearing -
not exceeding two months.
 Sec 15 - Assistance of Welfare
Expert
O In any proceeding under this Act, the
Magistrate may secure the services of such
person, preferably a woman, whether related
to the aggrieved person or not, including a
person engaged in promoting family welfare
as he thinks fit, for the purpose of assisting
him in discharging his functions.
Sec 16 - Proceedings to be held in
camera
O If the Magistrate considers that the
circumstances of the case so warrant, and if
either party to the proceedings so desires, he
may conduct the proceedings under this Act in
camera.

Can advocates appearing in other cases

be present when the proceedings are being held
in camera?
Sec 17 - Right to reside in a shared
household
O Right to reside in the shared household,
O Whether or not she has any right, title or
beneficial interest in the same.
O The aggrieved person shall not be evicted or
excluded from the shared household or any
part of it
Sec 18 - Protection orders – By the Magistrate after
being heard and prima facie is satisfied pass a
protection order
O Committing any act of domestic violence;
O Aiding or abetting in the commission of acts of domestic
violence;
O Entering the place of employment or school if it’s a child
O Attempting to communicate in any form
O Alienating any assets, operating bank lockers or bank
accounts without the leave of the Magistrate;
O Causing violence to the dependants, other relatives or any
person who give the aggrieved person assistance from
domestic violence;
O Committing any other act as specified in the protection order.
Sec 19 - Residence orders
O Disposing of an application under sub‑section (1) of section 12
O Restraining the respondent from dispossessing in the shared household;
O Directing the respondent to remove himself from the shared household;
O  Restraining the respondent or any of his relatives from entering any
portion of the shared household in which the aggrieved person resides;
O Restraining the respondent from alienating or disposing of the shared
household or encumbering the same;
O Restraining the respondent from renouncing his rights in the shared
household except with the leave of the Magistrate; or
O Directing the respondent to secure same level of alternate accommodation
for the aggrieved person as enjoyed by her in the shared household or to
pay rent for the same, if the circumstances so require: Provided that no
order under clause (b) shall be passed against any person who is a woman.
 Sec 19 - Residence orders
Continued
The Magistrate may impose any additional conditions

O The Magistrate may require from the respondent to execute a bond, with or without
sureties, for preventing the commission of domestic violence.
O An order under sub-section (3) shall be deemed to be an order under Chapter VIII of the
Code of Criminal Procedure, 1973 (2 of 1974) and shall be dealt with accordingly.
O While passing an order under sub-section (1), sub-section (2) or sub-section (3), the court
may also pass an order directing the officer-in-charge of the nearest police station to give
protection to the aggrieved person or to assist her or the person making an application on
her behalf in the implementation of the order.
O While making an order under sub-section (1), the Magistrate may impose on the
respondent obligations relating to the discharge of rent and other payments, having regard
to the financial needs and resources of the parties.
O The Magistrate may direct the officer-in-charge of the police station in whose jurisdiction
the Magistrate has been approached to assist in the implementation of the protection order.
O The Magistrate may direct the respondent to return to the possession of the aggrieved
person her stridhan or any other property or valuable security to which she is entitled to.
Sec 20 - Monetary reliefs
O While disposing of an application under sub-section (1) of
section 12 - to pay monetary relief to meet the expenses
incurred - such relief may include but is not limited to—
O the loss of earnings;
O the medical expenses;
O the loss caused due to the destruction, damage or removal of
any property from the control of the aggrieved person; and
O the maintenance for the aggrieved person as well as her
children, if any, including an order under or in addition to an
order of maintenance under section 125 of the Code of
Criminal Procedure, 1973 (2 of 1974) or any other law for the
time being in force.
 Sec 20 - Monetary reliefs
Continued
O The monetary relief granted - adequate, fair and reasonable and consistent with the standard
of living to which the aggrieved person is accustomed.

O The Magistrate - to order an appropriate lump sum payment or monthly payments of

maintenance
O The Magistrate - a copy of the order for monetary relief made under sub-section (1) to the
parties to the application and to the in-charge of the police station
O The respondent shall pay the monetary relief within the period specified in the order under
sub‑section (1).
O Upon the failure on the part of the respondent to make payment in terms of the order under
sub‑section (1), the Magistrate may direct the employer or a debtor of the respondent, to
directly pay to the aggrieved person or to deposit with the court a portion of the wages or
salaries or debt due to or accrued to the credit of the respondent, which amount may be
adjusted towards the monetary relief payable by the respondent.
 Sec 21 - Custody Orders
O Notwithstanding anything contained in any other law for
the time being in force, the Magistrate may, at any stage of
hearing of the application for protection order or for any
other relief under this Act grant temporary custody of any
child or children to the aggrieved person or the person
making an application on her behalf and specify, if
necessary, the arrangements for visit of such child or
children by the respondent: Provided that if the Magistrate
is of the opinion that any visit of the respondent may be
harmful to the interests of the child or children, the
Magistrate shall refuse to allow such visit.
Sec 22 - Compensation orders
O In addition to other reliefs as may be granted
under this Act, the Magistrate may on an
application being made by the aggrieved person,
pass an order directing the respondent to pay
compensation and damages for the injuries,
including mental torture and emotional distress,
caused by the acts of domestic violence
committed by that respondent.
Sec 23 - Power to grant Interim
and Ex parte orders
O The Magistrate may pass such interim order
O Satisfied that an application prima facie
discloses may grant an ex parte order on the
basis of the affidavit in such form, as may be
prescribed, of the aggrieved person under
section 18, section 19, section 20, section 21
or, as the case may be, section 22 against the
respondent.
 Other sections
O Sec 24 -  Court to give copies of order free of cost
O Sec 25 - Duration and alteration of orders
O Sec 26 - Relief in other suits and legal proceedings
O Sec 27 – Jurisdiction
O Sec 28 – Procedure
O Sec 29 – Appeal
O Sec 30 - Protection Officers and members of service
providers to be public servants within the meaning
of section 21 of the Indian Penal Code (45 of 1860).
 Chapter 5
Miscellaneous
O Sec 31 - Penalty for breach of protection order by
respondent
O Sec 32 - Cognizance and proof – Sec 31(1) –Cognizable
and Non-bailable
O Sec 33 - Penalty for not discharging duty by Protection
Officer – 1 year imprisonment / Rs.20,000 fine or both
O Sec 34 - Cognizance of offence committed by Protection
Officer
O Sec 35 - Protection of action taken in good faith
O Sec 36 - Act not in derogation of any other law
O Sec 37 - Power of Central Government to make rules
 Case citations 1 & 2
O Maintenance Order under Domestic Violence
Act cannot be substituted by Maintenance
under Section 125 CrPC - Bombay HC in
Prakash Babulal Dangi v. The State of
Maharashtra
O Can Husband Claim Maintenance?
Maintenance is to be paid to husband only if he
is incapable or handicap -  In Nivya V.M. v.
Shivaprasad N.K., - Kerala High Court
 Case citation 3
O Supreme Court: Mere vague allegation that
respondents are family members will not be
sufficient to maintain the complaint [ Date - 01-11-
2019]
A bench of Justice Banerjee and Justice Shah in the
case titled as Kamlesh Devi vs Jaipal & Ors. dated
04.10.2019 has opined that mere vague allegation is not
sufficient to bring the case within domestic violence
act. The Supreme Court is in favour of high court order
and hence dismissed the petition for special leave.
 Case citation 4
O Madhya Pradesh High Court: Wife living separately cannot file
case against parents-in law [ Date - 20-06-2019]
Justice Awasthi has passed the order in the case titled as Kuldeep
Singh Vs. Rekha on 18.06.2019. Madhya Pradesh High Court has
held that if the wife and husband leaves the share households to
establish their own household, the domestic relationship comes to
an end in respect of parents and therefore complaint under DV Act
cannot be maintained against them. Under the Domestic Violence
Act the first per-condition is that the applicant must be an
aggrieved person is a person defined in Section 2(a) of the Act.
The domestic relationship must be there between the aggrieved
person and respondent to invoke Domestic Violence Act.
 Case citation 5
O SC on Domestic Violence: Aggrieved wife may also file a
complaint against a relative of the husband or the male
partner, as the case may be [ Date - 05-06-2019]
Justice Dr Dhananjaya Y. Chandrachud and Justice Hemant
Gupta have passed the judgement in the case titled as Ajay
Kumar v. Lata alias Sharuti dated on April 8, 2019. In
accordance with the proviso to the section 2(q) of the
Protection of Women from Domestic Violence Act, 2005,
indicates that both, an aggrieved wife or a female living in a
relationship in the nature of marriage may also file a
complaint against a relative of the husband or the male
partner, as the case may be.
 Case citation 6
O Delhi High Court: Domestic Violence vs Section 125 CrPC:
Wife entitled for maintenance under both provisions subject
to adjustment [ Date - 20-05-2019]
Justice Sachdeva has passed the order in the case titled asVikas
Bhutani v. State on 17.05.2019. Delhi High Court has observed
that even if maintenance under Section 125 CrPC was granted,
the wife is entitled for maintenance for domestic violence
though there can be an adjustment qua earlier maintenance. The
object of grant of maintenance is to afford a subsistence
allowance to the wife, who is not able to maintain herself. The
court directed the amount of Rs. 40,000 per month to be paid
by the petitioner from the date of filing of application.
 Case citation 7
O Supreme Court: Husband has to pay maintenance
even if wife is well educated [Date - 15-05-2019]
Justice Khanwilkar and Justice Rastogi has passed
the order in the case titled as Megha Khandelwal v.
Rajat Khandelwal on 10.05.2019. Supreme Court
enhanced substantially an interim maintenance for
wife in a domestic violence case despite the fact that
the wife was well educated. Supreme court found it
appropriate to enhance the interim maintenance to
Rs. 25,000 per month to be paid to the petitioner.