DOMESTIC VIOLENCE ACT

Domestic Relations
It is defined as a situation in which any two people share a home and form a
bond based on blood ties, marriage/live-in relationships, adoption, or
membership in a joint family. The Protection of Domestic Violence Act of
2005 covers all females, including wives, mothers, mothers-in-law, sisters,
daughters, daughters-in-law, and so on.

Violence
Violence is a broad phrase that refers to any form of behaviour, whether
threatened or actual, that results in property damage or destruction, as well
as personal injury or death. Any act of violence against another person's
body or property that results in injury or damage. It refers to the use of
force that is unjust or unreasonable, frequently accompanied by outrage,
and physical force that is unlawfully used with the aim to damage.

Domestic violence
Domestic violence is defined as one person's use of power to control,
oppress, and enslave another person who is in close proximity to that
person. Physical, mental, sexual, economic, emotional, and verbal power are
all possibilities. Domestic violence takes many forms: dowry murders,
physical and mental torture, marital rape, wife bashing, bride burning, and
so on. Domestic violence can take many forms as described in Section 3,
including physical abuse (Bodily injury or harm of any kind from head to toe,
e.g., beating), mental or emotional abuse and verbal abuse (emotionally
disturbed due to mockery), sexual (humiliates the dignity of females, e.g.,
showing her blue movies) and economic and financial (not maintaining the
female with food, clothing, shelter, education, medical health etc.) abuse.
Domestic violence is a problem that affects people's human rights. The civil
law does not cover everything. The Protection of Domestic Violence Act was
enacted and adopted in India in 2005 to provide a remedy to the victim or
aggrieved party. It upholds the Indian constitution's Articles 14, 15, and 21.

Section-6
After the victim is protected by the protection officer it is his duty to take
that victim female to shelter home under the in charge of shelter home.
Section 11- Duties of govt.
Central govt. DV Act
Section 16
When victim is not comfortable to present before court, then camera court
proceedings are to be held.
Section 19- Residence order
Residential order- passed by magistrate of court of law to protect female
under her own home.
Custodial order- Victim must have to be taken into custody by protection
officer and to be taken into consideration by in charge of shelter home. If,
Victim has children then they also have to be taken care.
Compensation order- any type of maintenance not paid to victim then
magistrate can pass the order to pay it. Also, for bearing the medical
expenses of the victim magistrate can pass the order.
Prabhahkaran vs. State of Kerala
Victim used in shared household.
Kalyan Roy vs. Priyanka Roy
Custody of minor daughter is questioned

Applicability of the Act

Except for the state of Jammu and Kashmir, the DV Act applies across India.
In contrast to criminal law, which concentrates on punishing the accused, it
is a civil law that focuses on the reliefs provided to the injured women, such
as compensation, protection, and the ability to reside in the "shared
household." It encompasses all forms of domestic violence that a woman
may encounter in her "shared household."

Who can file a complaint?

A woman may make a complaint on her behalf if she believes she has been
the victim of domestic violence by the perpetrator or another person. Under
the Domestic Violence Act, a child is also entitled to protection. On behalf of
her minor kid, the mother of such a child can file an application (whether
male or female). The children can be included as co-applicants in
circumstances when the mother files an application to the court on her own
behalf.

Against whom can a complaint be filed?

Any male member of the family who has had a domestic relationship with
the woman. Family members of the husband or male partner. The male
partner's male and female relatives are included. Information can be
presented to a police officer, a protection officer, a service provider (an
NGO), or a Magistrate as a complaint. An aggrieved person, or a Protection
Officer or service provider acting on her behalf, can make a request to the
person in charge of a shelter house or a medical facility, for shelter or
medical assistance.

Who may file an application to the magistrate?

An aggrieved person, a Protection Officer, or anybody else acting on their
behalf may file an application with the magistrate. It is the protection
officer's and service provider's responsibility to support the woman who is a
victim of domestic violence in any way possible. A person who has been
wronged has the right to make a complaint under Section 498A of the Indian
Penal Code at the same time. Reliefs under the Domestic Violence Act can
also be requested in other judicial actions, such as a divorce petition or a
petition for support under Section 498A of the Indian Penal Code.

Kinds of order issued by the Magistrate

A. Protection orders-
After the aggrieved person and respondent have been given an opportunity
to be heard, and the magistrate is satisfied that a prima facie case of
domestic violence has occurred or is likely to occur, the magistrate may
issue a protection order in favour of the aggrieved person prohibiting the
respondent from doing the following: Committing any acts of domestic
violence.

1. Aiding or abetting in the act of domestic violence

2. Entering the place of employment of aggrieved person or if the person is
child, its school or any other places
3. Attempting to communicate in any form including personal, oral or
written, electronic or telephonic contact
4. Alienating any assets, operating bank account, bank locker held or
enjoyed by both parties jointly or singly by the respondent including her
Stridhan.
5. Causing violence to the dependents, or other relative or any other person
who give the assistance to the aggrieved person or
6. Committing any other acts specified by the protection officer

B. Residence orders
The magistrate, satisfied that domestic violence has occurred, issues a
residence order:
1. prohibiting the respondent from dispossessing or disturbing the peaceful
possession of the shared household in any way; and 
2. ordering the respondent to leave the shared household.
3.Restraining the respondent or his relatives from entering any part of the
shared household where the aggrieved person resides. 
4.Restraining the respondent from alienating, disposing off, or encumbering
the shared household. 
5.Restraining the respondent from relinquishing his right to the shared
household.
6. Ordering the respondent to provide the aggrieved person with the same
level of substitute accommodation that she has or to pay rent for the same if
the circumstances warrant it.
 C. Monetary Reliefs
The court may order the respondent to pay monetary remedies to cover the
costs incurred by the aggrieved individual and any children as a result of
domestic abuse.
1. Loss of income 
2. Medical costs
3. Losses incurred as a result of the destruction, removal, or damage of any
property
4. Make a maintenance order for the aggrieved person and her children, if
any.
5. An order issued under or in addition to a maintenance order issued under
section 125 of the Criminal Procedure Code or any other law.

D. Custody orders
The Magistrate has the authority to grant temporary custody of any kid or
children to the aggrieved person or the person filing the application on her
behalf, as well as to establish the arrangements for the respondent's
visitation of such child. In such a circumstance, the Magistrate has the
authority to deny the respondent's visit if it is in the child's best interests.

E. Compensation orders
1. A Magistrate may issue an order requiring the respondent to compensate
the petitioner for injuries such as mental torment and emotional distress
caused by the respondent's acts of domestic abuse.
2. The parties involved, as well as the police officer and service provider, will
receive free copies of the magistrate's orders.
3. Any relief available under this Act may be sought in any other legal
procedure before a civil, family, or criminal court, and such relief may be
sought in addition to and alongside relief obtained in a suit or legal
proceeding before a civil or criminal court.

CASE LAWS
Ahmedabad Municipal Corporation v. Nawab Khan Gulab Khan
Nawab Khan Gulab Khan, a pavement dweller and plaintiff, had encroached
and occupied unlicensed footpaths on Ahmedabad's main route. The
Ahmedabad Municipal Corporation attempted to demolish encroachments
without providing the encroachers any notice. The plaintiff was the one who
filed the writ petition. The High Court ruled in favour of the plaintiffs, ruling
that their plea should be accepted and that he has the right to be heard. The
Ahmedabad Municipal Corporation filed a Supreme Court petition. The court
determined that encroachment is an illegal act and that encroachment is not
a legal right of the plaintiff, hence the plaintiff has no right to seek redress.

Chameli Singh v. State of U.P

Gauri Shankar v. Union of India

Royappa v. State of Tamil Nadu

In Tamil Nadu, the petitioner was a member of the Indian Administrative
Service. Despite the fact that the job of Chief Secretary was empty, a junior
cadre officer similar to the petitioner was appointed to it. The petitioner filed
a writ of mandamus under Article 32 of the Constitution. From deputy
Chairman, he was promoted to officer on special duty. It was a violation of
the Indian Constitution's Articles 14 and 16. The Supreme Court ruled that
both positions were created to perform high-quality functions. The
government appointed the petitioner as an Officer on Special Duty due to his
extensive experience in the field of economic taxes. There was also no basis
for accusing the government of acting in ill faith or with an inappropriate
motivation against the petitioner. So, the petitioner's arguments were
rejected for these reasons, the petition was dismissed.

Tanima Mishra v Pradeep Patnaik, AIR 1992 Ori178

In this case it was held that, a marriage which is void cannot be rendered
valid by reconciliation and thus the court is not obliged to try in such cases.

Lav Kumar v Sunita Puri, AIR 1997 P&H 189

Failure to appear for reconciliation proceedings under Section 23 of The
Hindu Marriage Act, 1955 was held to be no ground for striking down the
park’s defence in a divorce petition

Raj Kumar Bansal v Anjana Kumari, AIR 1995 P&H

It was held in this case that a court cannot pass a decree on the
recommendations of the conciliators or arbitrators.

Jagraj Singh v Birpal Kaur, AIR 2007 SC 2083: (2007) 2 SCC 564
(P&H)
The judgement of the apex court in this case was that the courts take the
issue of reconciliatory efforts with all seriousness