Judiciary Mcqs Of The Day: Protection Of Women From Domestic Violence Act, 2005

Q1. Non compliance of which of the following orders passed in the Protection of Women from Domestic Violence Act, 2005 is an offence
a)    Maintenance order 
b)    Custody order 
c)    Residence order 
d)    Protection order

Answer – d) Protection order
Explanation – 
Under Section 31 of the Protection of Women from Domestic Violence Act, 2005, non-compliance with a protection order is explicitly mentioned as a punishable offense. A Protection Order is issued by the court to prevent the respondent from committing acts of domestic violence or aiding or abetting in the commission of acts of domestic violence.
If the respondent fails to comply with the Protection Order, they can be subjected to penalties, including imprisonment for up to one year or a fine, or both. The other orders such as Maintenance Order, Custody Order, and Residence Order, while enforceable, do not carry the same explicit penal consequences for non-compliance under this specific Act as the Protection Order does.

Q2. A magistrate directing the matter to be referred for counselling under section 14 of the Protection of Women from Domestic Violence Act, 2005 will fix the next date of hearing
a)    After a period of 2 months 
b)    Within a period not exceeding 2 months 
c)    After a period of 3 months 
d)    After a period of 4 months

Answer – b) Within a period not exceeding 2 months

Explanation - 
Section 14 of the Protection of Women from Domestic Violence Act, 2005, specifically deals with the role of counseling in resolving disputes related to domestic violence. The provision allows the magistrate to refer the parties to a counselor, and it mandates that the magistrate should fix the next date of hearing within a specified period to ensure the process is timely and does not unduly delay the proceedings.
Section 14(2): The Magistrate shall fix the next date of hearing of the case within a period not exceeding two months.

Q3. As per section 2 (q) of the Protection of Women from Domestic Violence Act, 2005, respondent means and includes
a)    Any person who is in a domestic relationship with the aggrieved person and against whom the aggrieved person has short relief under the act
b)    Male partner when the aggrieved female is living in a relationship with him in the nature of a marriage
c)    The female relatives of the husband of the agree with wife seeking their removal from the shared household 
d)    None of the above

Answer – b) Male partner when the aggrieved female is living in a relationship with him in the nature of a marriage

Explanation - 
Section 2(q) of the Protection of Women from Domestic Violence Act, 2005 defines "respondent" as any adult male person who is, or has been, in a domestic relationship with the aggrieved person and against whom the aggrieved person has sought relief under this Act. It also includes a male partner when the aggrieved female is living in a relationship in the nature of marriage.Therefore, it extends to relatives of the husband or the male partner.

Q4. An application for residential order shall be made by a victim of domestic violence before a
a)    Civil judge (senior division)
b)    Magistrate of the first class 
c)    Family court 
d)    Mediation centre established by the High court

Answer – b) Magistrate of the first class

Explanation - 
Under Section 19 of the Protection of Women from Domestic Violence Act, 2005, the court that has the jurisdiction to entertain an application for a residence order is the Magistrate's court. The Act specifically empowers the Magistrate of the first class to grant various reliefs, including residence orders, which pertain to the victim's right to reside in the shared household.
Section 19(1)- While disposing of an application under sub-section (1) of section 12, the Magistrate may, on being satisfied that domestic violence has taken place, pass a residence order.

Q5. In which of the following judgements, the hon'ble supreme court held that where an act of domestic violence commenced prior to the enactment of the Protection of Women from Domestic Violence Act, and continued even thereafter also, in such a situation, the aggrieved person is entitle to protection of the act?
a)    (2014) 3 SCC 712, Saraswath v. Babu
b)    (2015) 2 SCC 145, Meena Chaudhary v. Commissioner of Delhi Police 
c)    (2013) 15 SCC 755, Indra Sarma v. K.K.V. Sarma
d)    None of the above

Answer – a) (2014) 3 SCC 712, Saraswath v. Babu

Explanation - 
In the case of Saraswath v. Babu, the Supreme Court addressed the issue of the applicability of the Protection of Women from Domestic Violence Act, 2005, to situations where the act of domestic violence began before the Act came into force but continued after its enactment. The Court held that in such scenarios, the aggrieved person would indeed be entitled to seek relief under the provisions of the Act, emphasizing the ongoing nature of domestic violence and the need for protection regardless of when the violence initially started. This interpretation ensures that victims of continuing domestic violence can access legal remedies provided by the Act even if the violence began before the Act's enactment.

Q6. Under the Protection of Women from Domestic Violence Act, 2005 besides passing orders for protection and residence a magistrate can pass
a)    Custody orders
b)    Compensation orders 
c)    Ex-parte orders
d)    All of the above

Answer – d) All of the above

Explanation – 
The Protection of Women from Domestic Violence Act, 2005 empowers a magistrate to pass various types of orders to provide comprehensive relief and protection to the aggrieved person. These include:

• Custody Orders: Under Section 21, the magistrate can grant temporary custody of any child or children to the aggrieved person or any person making an application on her behalf.
• Compensation Orders: Under Section 22, the magistrate can direct the respondent to pay compensation and damages for the injuries, including mental torture and emotional distress, caused by the acts of domestic violence.
• Ex-parte Orders: Under Section 23, the magistrate has the power to pass ex-parte orders on the basis of the affidavit filed by the aggrieved person if it is satisfied that such orders are necessary.

Q7. Any order made by the competent court under the domestic violence act is enforceable
a)    Only in the district where order is issued
b)    Only in the state where order is issued
c)    Throughout India except the state of Jammu & Kashmir
d)    Throughout India

Answer – d) Throughout India

Explanation – 
The Protection of Women from Domestic Violence Act, 2005, provides for uniform protection and enforcement of orders across the country. This means that any order related to protection, residence, custody, or compensation issued under the Act is valid and enforceable throughout India. The Act is designed to provide consistent legal remedies and protection for aggrieved persons irrespective of geographical boundaries within the country.

Q8. Under the provision of the Protection of Women from Domestic Violence Act, 2005 which of the following statement regarding protection order is wrong?
a)    A breach of protection order is an offence under the said act of 2005
b)    Upon the sole testimony of the aggrieved person, the court may conclude that an offence under sub section (1) of section 31 has been committed by the accused.
c)    Breach of protection order is a non- cognizable offence
d)    Breach of protection order is a non- bailable offence

Answer – c) Breach of protection order is a non- cognizable offence

Explanation - 

• Under Section 31 of the Act, a breach of a protection order or interim protection order is indeed considered an offence.
• Contrary to the statement, the breach of a protection order is a cognizable offence, not a non-cognizable offence. This means that the police have the authority to arrest without a warrant and initiate an investigation without the direction of a magistrate.
• The breach of a protection order is classified as a non-bailable offence under this Act, meaning that bail is not a matter of right and may be subject to the discretion of the court.

Q9. Under the Protection of Women from Domestic Violence Act, 2005 which of the following regarding protection officer is correct?
a)    Protection officer is not a public servant
b)    Penalty is prescribed for not discharging duty by protection officer 
c)    A first information report can be lodged for the offence committed by protection officer
d)    None of the above

Answer – b) Penalty is prescribed for not discharging duty by protection officer

Explanation - 

• Section 24(1): The Protection Officer, or any other person discharging the functions of the Protection Officer, who wilfully neglects or refuses to carry out his duties, shall be liable to a penalty.
• Protection Officer's Role: The Protection Officer is appointed to assist the magistrate and provide support to the aggrieved person. Their duties include aiding in the execution of protection orders and assisting in the implementation of relief measures.
• Penalty for Non-discharge of Duties: Section 24 of the Act states that if a Protection Officer fails to discharge their duties, they are subject to penalties. This ensures that Protection Officers adhere to their responsibilities and provides a legal recourse if they do not fulfill their duties.

Q10. Which of the following terms has not been used in the category of various kinds of abuse falling in the definition of domestic violence?
a)    Emotional abuse
b)    Verbal abuse 
c)    Economic abuse 
d)    Mental abuse

Answer – d) Mental abuse

Explanation - 
Under Section 3 of the Protection of Women from Domestic Violence Act, 2005, domestic violence is defined to include several types of abuse. These include:

• Emotional abuse: Includes insults, ridicule, humiliation, name-calling, and insults or ridicule, especially with regard to not having a child or a male child.
• Verbal abuse: Similar to emotional abuse, it involves spoken words that cause mental harm.
• Economic abuse: Includes deprivation of all or any economic or financial resources to which the aggrieved person is entitled under law, and disposal of household effects, stridhan, or other property.

While "mental cruelty" or "mental harassment" may be implied under emotional or verbal abuse, the specific term "mental abuse" is not explicitly used in the Act.