2-PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE

Year of enactment:2005; 

Came into existence: 26-10-2006; 

Chapters:5

Sections:37

• 2-Definitions
• 2(a)-aggrieved person
• 2(e)-domestic incident report
• 2(f)-domestic relationship
• 2(k)-monetary relief
• 2(q)-respondent
• Proviso to 2(q)
• 2(s)-shared household
• 3-Definition of domestic violence-physical abuse, sexual abuse, verbal and emotional abuse, economic abuse, etc are dealt with.
• 4-Information to Protection officer regarding domestic violence
• 5-Duties of officers when receiving complaint of domestic violence
• 12-who can apply? Aggrieved person/Protection officer/any interested person
• 12(3)How to apply?Application shall be in Form II-Rule 6-Only substantial compliance is necessary(AIR 2008 NOC 152 All)
• 13-Service of Notice. Provisions of Order V of CPC or Chapter VI of CrPC may be adopted[2008(1)KHC 480]
• 16-In Camera proceedings, if required
• 17-Right to reside in shared household irrespective of the question of right, titile or beneficial interest
• 18-Protection orders-Order can be passed on prima facie satisfaction. Likelihood of taking place of domestic violence enough.
• 19-Satisfaction of magistrate is needed. Order may be granted against relatives of husband. Provision of alternate accomodation. A divorced woman can file application for relief under 19(8).[2008(3)KLT]
• 20-Monetary relief to woman and child. Employer of the defaulted respondent is made liable for payment.[20(6)]
• 21-Welfare of the child secured. Temporary custody can be ordered.
• 22-Compensation for mental injury and emotional distress among others can be ordered
• 23-Power of Magistrate to grant interim orders and exparte orders
• 24-Free copy of order to parties and police officer and service provider
• 25-Alteration, Modification or Revocation of any order.
• 27-Jurisdiction-Territorial on the basis of residence, place of work of petitioner and respondent and on the basis of cause of action.
• 28-Some provisions to be governed by CrPC.
• 31-Penalty for breach of protection order. Magistrate may also frame certain other offences.
• 32-Offence is cognizable and non-bailable

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