Plz give ur views for the reliefs which a widow can seek in dv act
Alisha Kohli 01 August 2024
Plz give ur views for the reliefs which a widow can seek in dv act
kavksatyanarayana (subregistrar/supdt.(retired)) 01 August 2024
No. Why from in-laws not from husband?
Alisha Kohli 01 August 2024
Plz see the question I said widow
T. Kalaiselvan, Advocate (Advocate) 01 August 2024
Under the Protection of Women from Domestic Violence Act (PWDVA) in India, the responsibility of paying maintenance to a widow falls upon the person against whom the widow has filed a complaint under the Act. The Act recognizes the rights of widows and provides for their protection and support in cases of domestic violence.
When a widow seeks maintenance under the PWDVA, the process involves the following steps:
Filing a Complaint: The widow needs to file a complaint with the appropriate Magistrate or Protection Officer, outlining the instances of domestic violence she has experienced and seeking necessary relief, including maintenance.
Examination of Complaint: The Magistrate examines the complaint and may issue a Protection Order, which can include an order for monetary relief, including maintenance, in favour of the widow.
Determining Maintenance: The Magistrate takes into consideration several factors while determining the amount of maintenance to be paid. These factors include the financial needs and resources of the widow, her standard of living, her earning capacity, the ability of the person against whom the complaint is filed to pay, and other relevant circumstances.
Maintenance Order: The Magistrate passes a maintenance order, specifying the amount to be paid, the frequency of payment (monthly, lump sum, or in instalments), and the duration for which the maintenance is to be paid. The order may also include provisions for interim maintenance until a final order is issued.
Enforcement: If the person against whom the complaint is filed fails to comply with the maintenance order, the widow can seek enforcement through legal means. The Magistrate may take necessary steps to ensure compliance, such as issuing a warrant for the person’s arrest or attaching their property.
CONCLUSION
It’s important to note that the actual maintenance amount and duration can vary based on the specific circumstances of the case, as determined by the Magistrate. The objective of providing maintenance to a widow under the PWDVA is to ensure her well-being, support her financially, and safeguard her rights in situations of domestic violence.
Advocate Bhartesh goyal (advocate) 02 August 2024
Yes, if widow is unable to maintain herself then she can seek such relief under the pwdva.
Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 02 August 2024
kavksatyanarayana (subregistrar/supdt.(retired)) 02 August 2024
Madam, sorry. I misunderstand it. Follow the advises of the above experts.
Saloni Pande 13 August 2024
Under Indian law, a widow can seek maintenance in a domestic violence case under the Protection of Women from Domestic Violence Act, 2005 (PWDVA). Specifically, Section 20 of the PWDVA allows a woman to claim maintenance from her husband, his relatives, or in-laws if she is a victim of domestic violenceIt defines the expression "domestic violence" to include actual abuse or threat or abuse that is physical, s*xual, verbal, emotional or economic. Harassment by way of unlawful dowry demands to the woman or her relatives would also be covered under this definition Domestic violence is undoubtedly a human rights issue and serious deterrent to development. Presently, where a women is subjected to cruelty by her husband or his relatives, it is an offence under section 498-A of the Indian Penal Code. . The Bill covers those women who are or have been in a relationship with the abuser where both parties have lived together in a shared household and are related by consanguinity, marriage or through a relationship in the nature of marriage or adoption. In addition, relationships with family members living together as a joint family are also included. Even those women who are sisters, widows, mothers, single women, or living with the abuser are entitled to legal protection under the proposed legislation. However, whereas the Bill enables the wife or the female living in a relationship in the nature of marriage to file a complaint under the proposed enactment against any relative of the husband or the male partner It provides for the rights of women to secure housing. It also provides for the right of a woman to reside in her matrimonial home or shared household, whether or not she has any title or rights in such home or household. This right is secured by a residence order, which is passed by the Magistrate.(iv) It empowers the Magistrate to pass protection orders in favour of the aggrieved person to prevent the respondent from aiding or committing an act of domestic violence or any other specified act, entering a workplace or any other place frequented by the aggrieved person, attempting to communicate with her, isolating any assets used by both the parties and causing violence to the aggrieved person, her relatives or others who provide her assistance from the domestic violence.(v) It provides for appointment of Protection Officers and registration of non- governmental organisations as service providers for providing assistance to the aggrieved person with respect to her medical examination, obtaining legal aid, safe shelter, etc.
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
- the loss of earnings;
-the medical expenses
-the loss caused due to the destruction, damage or removal of any property from the control of the aggrieved person;
-the maintenance for the aggrieved person as well as her children