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Rahul (Technical)     05 November 2012

Section 18 protection of women from domestic violence act

Hi,

I have been charged with Section 18 protection of women from domestic violence ACT 2005 (43 of 2205).

The alligation are not worth. Please advice how to react and what precausions need to be taken.



Learning

 6 Replies

ADV S PATHAK (lawyer)     05 November 2012

 

Section 18 in The Protection Of Women From Domestic Violence Act, 2005
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 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.

ADV S PATHAK (lawyer)     05 November 2012

so no contact with wife after this order is passed.

if violated by u then non bailable offence on you

Rahul (Technical)     05 November 2012

Hi Pathak sir,

thanks for your response.

I dont have contact with my wife since she left house & i will not contact her. 

What else actions needed from my side to fight agains this case?

Thanks 

ADV S PATHAK (lawyer)     05 November 2012

she can not HANG YOU.

she can only demand residence, maintenance, protection from you, her ISTRIDHAN, medicale charges, entry in ur house in DV act.

1 Like

Rahul (Technical)     05 November 2012

Hi Pathak Sir,

I sent PM on your id...appreciate your feedback.

Rahul (Technical)     05 November 2012

Hi Sir,

On which section i can apply bail for this case? 

thanks


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