Domestic Voilance Act 2005
Querist :
Anonymous
(Querist) 15 June 2011
This query is : Resolved
Can you tell what punishment can be ordered by a court under Domestic Voilance Act 2005, if proved?
prabhakar singh
(Expert) 15 June 2011
IN ABSENCE OF FACTS YOU ARE ADVISED TO STUDY FOLLOWINGS:
18. Protection orders.-The Magistrate may, after giving the aggrieved person and the
respondent an opportunity of being heard and on being prima facie satisfied that domestic
violence has taken place or is likely to take place, pass a protection order in favour of the
aggrieved person and prohibit the respondent from-
(a) committing any act of domestic violence;
(b) aiding or abetting in the commission of acts of domestic violence;
(c) entering the place of employment of the aggrieved person or, if the person
aggrieved is a child, its school or any other place frequented by the aggrieved person;
(d) attempting to communicate in any form, whatsoever, with the aggrieved person,
including personal, oral or written or electronic or telephonic contact;
(e) alienating any assets, operating bank lockers or bank accounts used or held or
enjoyed by both the parties, jointly by the aggrieved person and the respondent or singly by Collected by the All India Christian Council, www.christiancouncil.in Page 7 of 11
the respondent, including her stridhan or any other property held either jointly by the parties
or separately by them without the leave of the Magistrate;
(f) causing violence to the dependants, other relatives or any person who give the
aggrieved person assistance from domestic violence;
(g) committing any other act as specified in the protection order.
19. Residence orders.-(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 -
(a) restraining the respondent from dispossessing or in any other manner
disturbing the possession of the aggrieved person from the shared household,
whether or not the respondent has a legal or equitable interest in the shared
household;
(b) directing the respondent to remove himself from the shared household;
(c) restraining the respondent or any of his relatives from entering any portion
of the shared household in which the aggrieved person resides;
(d) restraining the respondent from alienating or disposing off the shared
household or encumbering the same;
(e) restraining the respondent from renouncing his rights in the shared
household except with the leave of the Magistrate; or
(f) directing the respondent to secure same level of alternate accommodation
for the aggrieved person as enjoyed by her in the shared household or to pay
rent for the same, if the circumstances so require:
Provided that no order under clause (b) shall be passed against any person who is a
woman.
(2) The Magistrate may impose any additional conditions or pass any other direction
which he may deem reasonably necessary to protect or to provide for the safety of the
aggrieved person or any child of such aggrieved person.
(3) The Magistrate may require from the respondent to execute a bond, with or
without sureties, for preventing the commission of domestic violence.
(4) An order under sub-section (3) shall be deemed to be an order under Chapter VIII
of the Code of Criminal Procedure, 1973 (2 of 1974) and shall be dealt with accordingly.
(5) While passing an order under sub-section (1), sub-section (2) or sub-section (3),
the court may also pass an order directing the officer in charge of the nearest police station to
give protection to the aggrieved person or to assist her or the person making an application on
her behalf in the implementation of the order.
(6) While making an order under sub-section (1), the Magistrate may impose on the
respondent obligations relating to the discharge of rent and other payments, having regard to
the financial needs and resources of the parties.
(7) The Magistrate may direct the officer in-charge of the police station in whose
jurisdiction the Magistrate has been approached to assist in the implementation of the
protection order.
(8) The Magistrate may direct the respondent to return to the possession of the
aggrieved person her stridhan or any other property or valuable security to which she is
entitled to.
20. Monetary reliefs.-(1) While disposing of an application under sub-section (1) of
section 12, the Magistrate may direct the respondent to pay monetary relief to meet the
expenses incurred and losses suffered by the aggrieved person and any child of the aggrieved
person as a result of the domestic violence and such relief may include, but not limited to,- Collected by the All India Christian Council, www.christiancouncil.in Page 8 of 11
(a) the loss of earnings;
(b) the medical expenses;
(c) the loss caused due to the destruction, damage or removal of any property
from the control of the aggrieved person; and
(d) the maintenance for the aggrieved person as well as her children, if any,
including an order under or in addition to an order of maintenance under
section 125 of the Code of Criminal Procedure, 1973 (2 of 1974) or any other
law for the time being in force.
(2) The monetary relief granted under this section shall be adequate, fair and
reasonable and consistent with the standard of living to which the aggrieved person is
accustomed.
(3) The Magistrate shall have the power to order an appropriate lump sum payment or
monthly payments of maintenance, as the nature and circumstances of the case may require.
(4) The Magistrate shall send a copy of the order for monetary relief made under subsection (1) to the parties to the application and to the in charge of the police station within the
local limits of whose jurisdiction the respondent resides.
(5) The respondent shall pay the monetary relief granted to the aggrieved person
within the period specified in the order under sub-section (1).
(6) Upon the failure on the part of the respondent to make payment in terms of the
order under sub-section (1), the Magistrate may direct the employer or a debtor of the
respondent, to directly pay to the aggrieved person or to deposit with the court a portion of
the wages or salaries or debt due to or accrued to the credit of the respondent, which amount
may be adjusted towards the monetary relief payable by the respondent.
21. Custody orders.-Notwithstanding anything contained in any other law for the
time being in force, the Magistrate may, at any stage of hearing of the application for
protection order or for any other relief under this Act grant temporary custody of any child or
children to the aggrieved person or the person making an application on her behalf and
specify, if necessary, the arrangements for visit of such child or children by the respondent:
Provided that if the Magistrate is of the opinion that any visit of the respondent may
be harmful to the interests of the child or children, the Magistrate shall refuse to allow such
visit.
22. Compensation orders.-In addition to other reliefs as may be granted under this
Act, the Magistrate may on an application being made by the aggrieved person, pass an order
directing the respondent to pay compensation and damages for the injuries, including mental
torture and emotional distress, caused by the acts of domestic violence committed by that
respondent.
23. Power to grant interim and ex parte orders.-(1) In any proceeding before him
under this Act, the Magistrate may pass such interim order as he deems just and proper.
(2) If the Magistrate is satisfied that an application prima facie discloses that the
respondent is committing, or has committed an act of domestic violence or that there is a
likelihood that the respondent may commit an act of domestic violence, he may grant an ex
parte order on the basis of the affidavit in such form, as may be prescribed, of the aggrieved
person under section 18, section 19, section 20, section 21 or, as the case may be, section 22
against the respondent.
