WHAT IS DOMESTIC VIOLENCE? HOW CAN AN AGGRIEVED WOMEN GET RELIEF FROM DOMESTIC VIOLENCE? HOW CAN AN AGGRIEVED WOMEN GET RELIEF FROM DOMESTIC VIOLENCE?

 Ø WHAT IS DOMESTIC VIOLENCE?

 

Domestic violence means any act, omission or conduct which harms or injures or endangers the health, safety, life limb or wellbeing of a woman. Physical abuse, sexual abuse, verbal or emotional abuse and economic abuse also comes within the purview of domestic violence. Any harassment, harm, injury or endangering the women for the purpose of coercing or any other person related to her to meet any unlawful demand of dowry or other property or valuable security is also termed as domestic violence. If any person is living or lived with any women through a relationship in the nature of marriage, though there may be a legal marriage in strict sense, such relationship also comes with the purview of Act. The women who allege domestic violence is called the aggrieved person.

 

Ø HOW CAN AN AGGRIEVED WOMEN GET RELIEF FROM DOMESTIC VIOLENCE?

 

The aggrieved woman may directly approach the Court of Judicial Magistrate seeking redresses. On her behalf any Protection officer on any other can also file petition before the Magistrate seeking relief. She or any other person having knowledge of such domestic violence can give information to the protection officer. The protection officer or any police officer or any service provider appointed under the Act in getting redressal under this Act by giving her proper information about her rights. She can also approach the legal service authority for redressal of her grievances.

Ø WHAT ARE THE PROTECTIONS AVAILABLE TO AN AGGRIEVED WOMEN UNDER THE DOMESTIC VIOLENCE ACT, 2005?

 

Various protection orders for an aggrieved woman is available under the Protection of Woman from Domestic Violence Act, 2005. These as follows:

 

1. The Act protects the rights of an aggrieved woman to reside in a shared household despite the fact that she may not have any right title or interest in the said household. Shared household means where the woman lives of has lived in a domestic relationship with the man or his family against whom complaint has been made.
2. Order may be passed by the magistrate prohibiting the respondent from entering into the place of employment of aggrieved person and if the aggrieved person and if the aggrieved person is a child, the school or any other place frequented by the aggrieved person.
3. The respondent may be prohibited from attempting to communicate personally in any form with the aggrieved person including electronic or telephonic contact.
4. The respondent may also be prohibited from transferring any assets or operating any bank accounts and bank lockers.
5. The respondent may be retrained from causing violence to the dependants other relatives or any person who gives assistance to the aggrieved person.
6. By this Act the Judicial Magistrate is empowered to grant monetary relief to an aggrieved person which is reasonable and constant with the standard of living of the aggrieved person including any monthly maintenance.
7. The Magistrate may pass an order restraining the respondent from alienating the shared household or from dispossessing or disturbing the possession of the respondent in shared household. The relatives of the respondent may be restrained from entering into any portion of such shared household where the aggrieved person resides.
8. By this Act the Judicial Magistrate can order or grant interim custody of the child of women too.