Domestic violence

Part -2

Provisions of the Act

Who can file the complaint

The complaint has been filed by the “aggrieved person” which is defined under Section 2  of the Act. It defines any woman who lives with the respondent under the same roof and the respondent attempt violence upon her. It may be physical or mental. then that woman is called an aggrieved person.

Relationship between the person may be arises by marriage, a relationship in nature of marriage, Adoption, as a family member, related through blood relation.

D.  Velusamy vs. D.Patchiammal

1.Both the party must behave like husband and wife.

2. they must attend the legal age of relationship

3. they should qualify to enter into the marriage

4. They must voluntarily live together in the same place for a significant   amount of time

5. They must live together in a significant time.

Krishna Bhattacharjee vs Sarathi  Choudhury

In this case, Supreme Court said judicial separation does not change the status of a wife as an aggrieved person which is read with section 12 and does not end the domestic relationship under section 2(f). Judicial separation means only complete severance.

Duties of Protection Officer

Section 9 indicates the duties of the protection officer

The protection officer makes an incident report relating to domestic violence in a prescribed manner and filed the complaint before the magistrate and sends the copy to the Police Officer within the local limit of whose Jurisdiction domestic violence is committed. On the behalf of the plaintiff, he filed a relief claim. They help to provide legal aid and counselling shelter home and medical facilities in a local area within the jurisdiction of the magistrate. They also provide all such duties which are mentioned under the act

Service Provider

A victim of the domestic Violence Act can take help from the service provider. There are different types of services like shelter home, child care, legal service aid. According to section 10(1) of the DV Act, service Providers are NGOs or Voluntarily organization that is registered under the Law of the State. After receiving the complaint service provider takes the action and works as a helping hand.

Duties of  shelter homes

The person in charge of the shelter home must give shelter to the aggrieved person at the request of the Protection Officer or a service provider.

Duties of Medical facilities

Person in charge of Medical facility must provide any medical aid on request of Protection officer and service provider to the Victim.

Duties of Government

The central Government and every State Government shall take all the responsibility to give publicity including television, radio, and the Print media at the regular interval, to give the sensitization and awareness training, To maintain the co-ordination between service provided by the Minister and department dealing with the Law, home affairs including Law and order, etc, To make the protocols for the various Ministries concerned with the delivery of services to women under the Act.

Filing Complaint  of Domestic Violence

A victim may file a complaint –

  1. To the police officer
  2. To the Protection Officer or Service Provider
  3. To the Magistrate.

In the case of Santoshi Bakshi V State of Punjab

Supreme Court said that a report has to be submitted by the police officer after making proper verification, investigation, enquiry with the member of family, friends, and neighbours.

Counselling

The magistrate may at any stage of proceeding directly the respondent or aggrieved person or both to go for counselling under the service provider who has experience in counselling and the magistrate shall fix the next date of hearing which is not exceeding two months.

Court to give the copies free of cost

The copy of the order shall be given free of cost by the Magistrate to the party of application, police in charge of the jurisdiction and the service provider.

Which  court can decide the case

Under section 27, says that a first-class magistrate or metropolitan can grant a protection order within a local limit of which aggrieved person resides or respondent carries the Business or the place where the cause of action arises.

In Shyamlal devda vs Parimala

The Supreme court said that Dv Act can be filed in the court where the aggrieved person resides.

Procedure

All the proceeding under section 12,18,19,20,21,22 and 23, an offence under section 31 shall be governed by the provision of code of criminal procedure but it shall prevent the court for laying down own procedure for disposal of an application under section 12 and subsection 2 of section 23.

Appeal

An appeal can be made before the court of the session within 30 days from the date on which the order made by the Magistrate is served on the aggrieved person or the respondent, whichever is later.

       So all these are the important provision of the Domestic Violence Act

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