relief under DOMESTIC VIOLENCE

Protection Order(Section 18)

The Magistrate after hearing both the parties if magistrate satisfied that domestic violence has taken place or it may chance to take place certain incident relating with Domestic Violence them Magistrate may pass the protection order and prohibit the respondent from-

Committing any harmful act which affects the aggrieved physically and mentally, aiding  or abetting in the commission of an act of domestic violence, Magistrate may prohibit respondent to enter into a place  of employment of aggrieved  A school premises  or any other place, Magistrate may prohibit to do any communication in any form whether electronic or telephonic contact and any other act which come under a protection order

Residence Order (Section 19)

 The magistrate may restrain the respondent from dispossessing or disturbing the possession of an aggrieved person, restrain the respondent or relative to enter into any shared part of the household,  restrain the respondent from renouncing his right in the shared household, or magistrate may direct to pay rent or to secure the same level of alternate accommodation for the aggrieved person.

Monetary Relief (Section 20)

 According to section 20 of the DV Act, Monetary relief can be granted by the Court if any expenditure has occurred during the violence.

The magistrate may order the respondent to pay losses  and monetary relief suffered by the aggrieved person  but such relief is not limited to

  1. The loss of earning
  2. The medical expenses
  3. If any loss and damage has done to any property  from the control of the aggrieved person
  4. Maintenance of aggrieved person under section 125 of crpc

 Custody Order(section 21)

The magistrate has a right to pass a temporary custody order of the children to the aggrieved person. During the process of hearing, Magistrate may pass such order in favour of an aggrieved person or favour of a person on the behalf of the aggrieved person. The magistrate has a right to restrict the respondent to meet the child. if Magistrate may feel it is harmful to the children.

 Compensation order(section 22)

An application which is made by the aggrieved person, Magistrate may pass an order to the respondent to pay the compensation amount, damages to the aggrieved person.

Ex-parte order(section 23)

The magistrate has the power to pass an ex parte order. if Magistrate believed that, domestic violence has committed by the respondent then at that time Magistrate may pass an ex parte order based on affidavit in such a form, as may be prescribed of the aggrieved person  under section 18,19,20,21,22 against the respondent,

 Conclusion

The main objective of the Law is to protect the aggrieved person from domestic violence and provide proper justice by proper counselling, maintenance, custody, monetary relief and residence order. Domestic violence can be done physically, mentally, sexually, economically, emotionally etc. So, through this Act proper justice has to be provided and relevant damage can be recovered from the respondent. In the civil point of view, relief, compensation and the right to live at the matrimonial home are granted to the aggrieved women. From the criminal point of view, punishment is granted to the grooms and his family if any type of violence has committed by them.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

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