WHAT IS DOMESTIC VIOLENCE ACT :
Under the Domestic Violence Act Of 2005, domestic violence is the act of injuring or injuring a woman in a domestic relationship. This includes the physical, sexual, verbal, emotional and financial abuse. Abuse under the DV act includes not only actual abuse but also threats of abuse. Any harassment of a woman or her relatives due to the demand for illegal dowry is also defined under the Domestic Violence Act Of 2005. The Domestic Violence Act mainly protects female from domestic violence from a husband or relatives.
WHY WAS DOMESTIC VIOLENCE ACT PASSED :
Domestic violence has been defined by the Protection of Women from Domestic Violence Act, 2005. Before the Domestic Violence Act, Section 498A of IPC was used by the Police for taking cognizance of cases of Domestic violence. Section 498-A was failing to give any compensation or some relief to the victim and more importantly it was not covering violence with mother, sister at home and section 498-A was only covering married female. Therefore domestic violence act in India was introduced by the Central Government.
DOMESTIC VIOLENCE ACT IN HINDI :
घरेलू हिंसा से महिलाओं का संरक्षण अधिनियम 2005 भारत की संसद का एक अधिनियम है जो महिलाओं को घरेलू हिंसा से बचाने के लिए लागू किया गया है। यह 26 अक्टूबर 2006 से भारत सरकार द्वारा लागू किया गया था। यह अधिनियम भारतीय कानून में पहली बार “घरेलू हिंसा” की परिभाषा प्रदान करता है, इस परिभाषा के व्यापक होने और न केवल शारीरिक हिंसा, बल्कि हिंसा के अन्य रूप भी शामिल हैं। जैसे कि भावनात्मक / मौखिक, यौन और आर्थिक दुर्व्यवहार। यह एक नागरिक कानून है जिसका मुख्य रूप से संरक्षण आदेशों के लिए होता है और न कि इसे आपराधिक रूप से लागू करने के लिए।
DOMESTIC VIOLENCE ACT IN MARATHI :
महिलांचे संरक्षण घरगुती हिंसाचार कायदा २०० ही भारतीय संसदेची एक अधिनियम आहे जी महिलांना घरगुती हिंसाचारापासून वाचवण्यासाठी बनविली गेली. २ government ऑक्टोबर २०० from पासून भारत सरकारने ही अंमलबजावणी केली. या कायद्यात प्रथमच “देशांतर्गत हिंसाचार” ची व्याख्या देण्यात आली असून ही व्याख्या व्यापक असून केवळ शारीरिक हिंसाच नव्हे तर अन्य प्रकारच्या हिंसाचाराचा समावेश आहे. जसे की भावनिक / तोंडी, लैंगिक आणि आर्थिक गैरवर्तन. हा एक नागरी कायदा आहे जो प्रामुख्याने संरक्षण ऑर्डरसाठी असतो आणि केवळ गुन्हेगारीने अंमलात आणण्यासाठी नाही.
RELIEFS UNDER DOMESTIC VIOLENCE ACT
- shelter
- medical facilities
- protection order
- compensation order
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DOMESTIC VIOLENCE ACT TERRITORIAL JURISDICTION :
Case under domestic violence act can be filed in the Nearest Magistrate Court which jurisdiction covers any of the following prerequisites :
- Magistrate Court which covers the place where husband and wife last resided together.
- Magistrate Court which covers the place where husband is residing after separation.
- Magistrate Court which covers the place where wife is residing after separation.
DOMESTIC VIOLENCE ACT SECTION 12 :
If you are Married and subject to abuse by your husband or in laws or son or by any of his relatives. If you are unmarried and subject to abuse by the father, brother or any relatives. You can file the application under domestic violence act 2005 section 12 for reliefs and protection. Case under dv act section 12 can be filed at the nearest Magistrate court based on above criteria of jurisdiction.
The relief under Application under domestic violence act section 12 may include a relief or requesting an order for payment of compensation or damages for the injuries caused by the acts of domestic violence committed by the person.
DOMESTIC VIOLENCE ACT SECTION 18 :
After filing and hearing Application under domestic violence act section 12, if court initially found that violence was committed with victim women, Court passes protection order against husband and relatives against complaint is filed and stopped them from committing any act of domestic violence; and also stopping them from doing the following things-
- Helping in the commission of domestic violence;
- Entering the employment place, office of female victim or, if the female is a child, its school or any other place;
- Communicating in any way with female victim, including personal, oral or written or electronic or telephonic contact;
- selling or parting any assets, bank lockers or bank accounts in operation single or jointly, her stridhan or any other property.
- Causing violence to the dependents, other relatives or any person who give the aggrieved person assistance from domestic violence;
DOMESTIC VIOLENCE ACT SECTION 19 :
Residence orders.-
While deciding an application under section 12, the court may, on satisfaction that domestic violence has taken place, pass a residence order—
- Preventing the culprit from taking possession of the victim in the shared family house or interfering in any other way, whether the defendant has a legal or justifiable interest in the shared family house;
- Instructing the culprit to remove himself from the shared home;
- To prevent the culprit or his relatives from entering any part of the shared home in which the victim lives;
- Preventing or obstructing the culprit from leaving the home of the people in the shared household;
- Preventing others from relinquishing their shared family rights without the leave of the court; Or
- Instructing the culprit to stay in the shared house and secure the same level of alternative accommodation for the victim or to pay the rent if necessary in that case.
DOMESTIC VIOLENCE ACT SECTION 20 :
This sections provides for domestic violence act maintenance in form Monetary reliefs-
While disposing of the application under sub-section (1) of section 12, the magistrate orders financial relief to the victim and any child of the aggrieved person for reimbursement of expenses and damages incurred. Domestic violence and this type of comfort may include but is not limited to.
(A) loss of earnings;
(B) medical expenses;
(C) damage caused by the destruction, damage or removal of any property from the control of the victim; And
(D) The care of the victim as well as her children is subject to time, with or in addition to an order for maintenance under section 12 of the Criminal Procedure Code, 1972 (14 of 2) or any other law.
DOMESTIC VIOLENCE ACT SECTION 23 :
This section provides for dv act interim maintenance. Since trial and hearing of application under section 12 takes good amount of time and same creates need of urgent necessary orders for giving the financial aid to the female who can not maintain herself and court on hearing of Application under section 23, has right to issue interim orders so that till the main application is decided she can get some money to maintain hereself and livelihood.
Along with this application under section 23 of under domestic violence act, victim can also file the application under section 125 of crpc which also provides for maintenance for wife. Means at one time female can make 2 applications for maintenance under different act and sometimes it is misunderstood as misuse of domestic violence act.
DOMESTIC VIOLENCE ACT PUNISHMENT :
Under Domestic Violence Act Of 2005 if the protection order or interim protection order not followed by the accused/culprit, then breach of order is cognizable and non-bailable offence punishable with imprisonment for a term which may extend to 1 year or with fine which may extend to Rs.20,000/- or both.
HOW TO FILE DOMESTIC VIOLENCE CASE AGAINST HUSBAND :
- Contact Domestic Violence Lawyer.
- Meet DV lawyer and give the details and evidence of domestic violence happened with you alongwith proof and list of witnesses.
- Domestic Violence Lawyer will draft application for domestic violence.
- On approval of application for domestic violence, lawyer will file the Petition in court.
DOMESTIC VIOLENCE ACT PROCEDURE :
- Filing of application for domestic violence through Domestic Violence Lawyer.
- Reply of the other side filed by their DV lawyer.
- Interim Application for domestic violence act maintenance.
- Reply to the of the Interim Application by other side DV lawyer.
- Argument on Interim Application by both DV lawyer.
- Order on interim maintenance.
- Evidence and documents by the Applicant and cross examination by the other side lawyer.
- Evidence and documents by the opposite side and cross examination by the your lawyer.
- Final argument.
- Order/ Judgement.
References and more to read :
- CONTESTED DIVORCE
- MUTUAL DIVORCE
- MUTUAL DIVORCE PROCEDURE IN MARATHI
- DIVORCE LAWYER
- MAINTENANCE FOR WIFE
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