PROTECTION OF WOMEN

FROM DOMESTIC
VIOLENCE ACT
 PROTECTION OF WOMEN FROM DOMESTIC
CO8..
VIOLENCE ACT ...805-824
1. Domestic Violence ..........807
Introduction ...807
Domestic relationship
Respondent ...810
Aggrieved person hod'srbiui oo811
Meaning of Domestic violence
2. Powers and duties of protection officers and service providersos tiote ....813
3. Procedure for obtaining orders 1o 1.......816
Application to Magistrate
t ousio
Right to reside in aa shared houschold bsn cakd oossis ..17
Protection orders .......19
Residence orders ....820
Monetary reliefs ....821
Custody orders ..823
Compensation orders
...823
Interim and ex parte orders
Jurisdiction
o.......823
....824
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 1
Domestic Violence

Introduction
The problem of domestic Violence against women is widely
prevalent and needs redressal. Whereas
criminal law does offer some redressal, civil law does not address this
phenomenon in its entirety. The idea
isto provide various innovative remedies in favour of women who suffer from domestic violence, against
the perpetrators of such violence. Domestic Violence is a human rights issue, which was not properly taken
care of in India even though the Vienna Convention 1994 and the Beijing Declaration and Platform for
Action, 1995 had acknowledged that domestic violence was undoubtedly a human rights issue. UN Com
mittee on Convention on Elimination of AIl Forms of Discrimination against Women in its general recom
mendations had also exhorted the member countries to take steps to protect women against violence of
any kind, cspecially that occurring within the family.
more effective protection of the rights of
Preamble of the Act states that it is an Act to provide for
Women guaranteed under the Constitution who
are victims of violence of any kind occurring within the

family and for matters connected therewith

or incidental thereto. The origin of the Act lies in Article 15 (2)
can make special provisions for women and
of the Constitution of India., which clearly says that State
This indicates the use of affirmative action to remedy a
Children towards realizing the right to equality.

wIong.
protection of the rights of
great significance is that this Act is to provide for effective
What is of
also makes it
are ofviolence of any kind occurring within the family. The preamble
Women who victims are
violence, whether physical, sexual, verbal, emotional or economic,
Clear that the reach of the Act is that
the statute
statute. With this object in mind, let usnow examinethe provsions of
all to be redressed by the
e
itself.h Act, ZO05 came into force
on 26 October 2006
Domestic Violence
:. The Protection of Women from of
more effective protection the rights of women
The stated objective of the Act is to provide for
of violenceof any kind
occurring within the family Tha
are victinms
34aranteed under theConstitution who

nt seeks to provide for the following

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parties
covers women who are or have been in a rclationship with the abuser where both
It those
are related by consanguinity, marriage or through
have lived together in shared houschold and
a

a relationship in the nature of marriage or adoption.

a
a relationship in the nature of marriage to file
The Act enables the wife or the female living in
(i) any
any female rclative of husband or the male partner, it does not cnable
complaint against
or the
partner to file a complaint against the wife
female relative of the husband or the male

female partner.
to include actual abuse or threat or abuse that
is
(n) It defines the expression "domestic violence"
by way of unlawful dowry de
physical, sexual, verbal, emotional or economic. Harassment
be covered under this definition.
mands to the woman or her relatives would also
secure housing. It also provides household, whether or
(iv) It provides for the rights of women to
residence
not she has any title or rights in such home or household. This right is secured bya
ds order, which is passed by the Magistrate.
person to
o
(v) It empowers the Magistrate to passprotection orders in favour of the aggrieved
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, at
o
tempting 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.

ai-(vi) It provides for appointment of Protection Officers and registration of non-governmental orga
etnizations as service providers for providing assistance to the aggrieved person with respect to
her medical examination, obtaining legal aid, safe shelter, etc.

Domestic relationship s
shioieryro1t)
Section 2(f) of the Act defines "domestic relationship". It means a relationship between two persons
who live or have, at any point of time, lived together in a shared household, when they are related by
consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are family mem
bers living together as a joint family. It can be seen that the definition of"domestic relationship" is a very
wide one. It is a relationship between persons who live or have lived together in a shared household and are
related in any one of four ways-blood, marriage or a relationship in the nature of marriage, adoption, or
family members of a joint family.
v.
In D. Velusamy D,
Patchaiammal, AlR 2011 SC479 Supreme Court noted that the definition of
Domestic relationship in Section2() of the Act includes not only the relationship of marriage but also a
relationsthip in the nature of marriage'. As the expression 'relationship in the nature of marriage' has not

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Lon defined under the Act, the court explained its meaning. The court held that that not all live in relation
Aine will amount to a 'relationship in the nature of marriage'. Such livein-relationship must fulfil the

following conditions
1 The couple must hold themselves out to the society as akin to spouses.

They must be age to marry.

2. of legal
3. They must be otherwise qualified to enter into a legal marriage.

4. They must have voluntarily cohabited for a significant period of time.

The court further held that merely spending weekends together or a one-night stand would not make
ita'domestic relationship'. Ifa man has a keep' whom he maintains financially and uses mainly for sexual
purpose and/or as a servant it would not, be a relationship in the nature of marriage.
Factors to test whether live-in relationship is in the nature of marriage: In Indra Sarma v.
VKV Sarma (2013) Supreme Court when would livein relationship would amount to a relationshipin the
naure of marriage falling within the definition of "domestic relationship" under Section 2() of the Act.

The court laid down following guidelines for testing under what circumstances, a live-in relationship will fall
within the expression relationship in the nature of marriage:

(i) Duration of period of relationship- Section 2() of the DV Act has used the expression "at
any point of time, which means a reasonable period of time to maintain and continue a rela
tionship which may vary from case to case, depending upon the fact situation.

(ii) Shared household- The expression has been defined under Section 2(s) of the DV Act and,
hence, need no further elaboration.

(ii) Pooling of Resources and Financial Arrangements- Supporting each other, or any one of
names or in the
them, financially, sharing bank accounts, acquiring immovable properties in joint
name the woman, long term investments in business, shares in separate and joint names, so as
of
to have a long -standing relationship, may be a guiding factor.
on the woman to run the
(iv) Domestic Arrangements- Entrusting the responsibility, especially
or etc.
home, do the household activities like cleaning, cooking, maintaining upkeeping the house,
is an indication of a relationship in the nature of marriage.
not just for plea
(V) Sexual Relationship- Marriage like relationship refers to sexual relationship,
so as to give
sure, but for emotional and intimate relationship, for procreation of children,
affection, caring etc.
emotional support, companionship and also material
a the nature of marriage.
Children- Having children is strong indication of relationship in
a
(vi)
Parties, therefore, intend to have a long-standing relationship.
Sharing the responsibility for bring

1ng up and supporting them is also a strong indication.

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friends, relations and
(vii) Socialization in Public-Holding out to the public and socializing with
is in the
others, as if they are husband and wife is a strong circumstance to hold the relationship
nature of marriage.
parties as to what their relation
(viii) Intention and conduct of the parties- Common intention of
ship is to be and to involve, and to their respective roles and responsibilities,
as primarily deter

mines the nature of that relationship.

v. V.K. Sarma,
Domestic relationship between same sex partners: Supreme Court in Indra Sarma
sex partners is not recognized by the Act.
AIR 2014 SC 309 held that domestic relationship between same
as a relationship in the nature of marriage. Section 2() of the Act
Such a relationship cannot be termed
2(a) takes
though uses the expression "any two persons" the expression "aggrieved person" under Section
in only a woman hence, the Act does not recognize the relationship of
same sex and, hence, any act,omission,
any relief
commission or conduct of any of the parties, would not lead to domestic violence, entitling
under the Act.

Respondent
Section 2(q) of the Act defines the term "respondent". It means 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 any relief under this Act. Proviso further says that an aggrieved wife or female living in a relationship
in the nature of a marriage may also file a complaint against a relative of the husband or the male partner.

Supreme Court in Sandhya Manoj Wankhade v. Manoj Bhimrao Wankhade (2011) interpreted
the expression "respondent in Section 2(q) of the Act. The Court held that the female relatives of the
husband or male partner are not excluded from the ambit of a complaint. It was held that an aggrieved
wife or a female living in a relationship in the nature ofa marriage can file complaint against a relative of the
husband or male partner.

The court observed that from the definition of respondent it would be apparent that although Section
2(g) defines a respondent to mean any adult male person, who is or has been in a domestic relationship with
the aggrieved person, the proviso widens the scope of the said definition by including a relative of the
husband or male partner within the scope of a complaint, which may be filed by an aggrieved wife or a
female living in a relationship in the nature of a marriage. The expression "female" has not been used in the
proviso to Section 2(9) also, but, on the other hand, if the legislature intended to exclude females from the
ambit of the complaint, which can be filed by an aggrieved wife, females would have been specifically
excluded, instead of it being provided in the proviso that a complaint could also be filed against a relative
of the busband or the male partner. In such circumstances, it is clear that the legislature never intended to
exclude female relatives of the husband or male partner from the ambit of a complaint that can be made
Violence Act, 2005.
under the provisions of the Domestic
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v. Kusum Narottamdas Harsora

In a landmark judgment Supreme Court Hiral P Harsora
2(q) of the Act. Court
(2016) struck down the words "adult male" before the word "person" in Section
beld that these words discriminate between persons similarly situated, and contrary
is to the object sought to
regard
be achieved by the Act. The microscopic difference between male and female, adult and non-adult,
nor does it have any
being had to the object sought to be achieved by the Act, is neither real or substantial
as only an adult
rational to the object of the legislation. The court held that if the "respondent" to be read
is

mle person, it is clear that women who evict or exclude the aggrieved person are not within its coverage,
and if that is so, the object of the Act can very casily be defeated by
an adult male person not standing in the

forefront, but putting forward female persons who can, therefore, evict
or exclude the aggrieved person
a a
from the shared household. The court also said it is also possible that non-adult member of household,
can aid or abet the commission of acts of domestic violence, or who can evict or help in evicting or

excluding from a shared household an aggrieved person.

Aggrieved person

of the Act defines "aggrieved person". It means any woman who is, or has been, in a
Section 2(a)
domestic relationship with the respondent and who alleges to have been subjected to any act of domestic

violence by the respondent. In Krishna Bhatacharjee v. Sarathi Choudhury(2015) Supreme Court held
that only because a decree of judicial separation is passed, a wife does not cease to be an aggrieved person
for the purpose of Domestic Violence Act. Court noted that once the decree of divorce is passed, the
status of the parties becomes different, but that is not so when there is a decree for judicial separation.

dba Meaning of Domestic violence

Section 3 of the Act defines the term domestic violence. It provides that any act, omission or
commission or conduct of the respondent shall constitute domestic violence in case it

(a) harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical,

ofthe aggrieved person or tends to do so and includes causing physical abuse, sexual abuse,verbal
and emotional abuse and economic abuse; or
a coerce her or any other
(b) harasses, harms, injures or endangers the aggrieved person with view to
person related to her to meet any unlawful demand for any dowry or other property or valuable
security; or
any conduct
(c) has the effect of threatening the aggrieved person or any person related to her by
mentioned in clause (a) or clause (b); or
or to aggrieved person.
(d) othewise injures or causes harm, whether physical mental, the
seeks to outlaw domestic violence of
Section 3, therefore, in tune with the general object of the Act,
law such as the
any kind against a woman, and is gender neutral. It is based on definitions in international
UN Declaration on Violence Against Women and a Model Code.

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Classification of abuse
sexual abuse, verbal and
The Act has classified abuses into various categories viz. physical abuse,

emotional abuse, economic abuse.

or conduct which is of such a nature as to cause
Physical abuse: Physical abuse means any act
or development of the aggrieved
bodilypain, harm,or danger to life, limb, or health or impair the health
person and includes assault, criminal intimidation and criminal force.
degrades
Sexual abuse: Sexual abuse includes any conduct of sexual nature that abuses, humiliates,
a

or otherwise violates the dignity of woman.

Verbal and emotional abuse: Verbal and emotional abuse includes

le) insults, ridicule, humiliation, name calling and insults or ridicule specially with regard to not

having a child or a male child; and

(0) repeated threats to cause physical pain to any person in whom the aggrieved person is inter
ested;

Economic abuse: Economic abuse includes

(a) deprivation of all or any economic or financial resources to which the aggrieved person is
entitled under any law or custom whether payable under an order ofa court or otherwise or
which the aggrieved person requires out of necessity including, but not limited to, house hold
necessities for the aggrieved person and her children, if any, stridhan, property, jointly or sepa
rately owned by the aggrieved person, payment of rental related tothe shared house hold and
maintenance;
(4) disposal of household effects, any alienation of assets whether movable or immovable, valu
ables, shares, securities, bonds and the like or other property in which the aggrieved person
has
an interest or is entitled to use by virtue of the domestic relationship or
which may be reason
ably required by the aggrieved person or her children or her stridban or any other property
jointly or separately held by the aggrieved person; and
A prohibition or restriction to continued access to resources or facilities which
the aggrieved
person is entitled to use or enjoy by virtue of the domestic relationship including acces to the
shared household.

For the purpose of determining whether any act, omission, commission or conduct of the respondent
constitutes "domestic violence" under this section, the overall facts and circumstances
of the case shall be taken into consideration.

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 2
Powers and duties of protection officers
and service providers

Information to protection officers

Section 4 provides that any person who has reason to believe that an act of domestic violence has
been. or is being, or is likely to be committed, may give information about it to the concerned Protection

Ofcer. No liability, civil or criminal, shall be incurred by any person for giving in good.faith of information

for the purpose of Section 4(1).

Duties of police officers, service providers and Magistrate

Section 5 provides the duties of police officers, service providers and Magistrate. It provides that a
police officer,protection officer, service provider or Magistrate who has received a complaint of domestic
violence or is otherwise present at the place of an incident of domestic violence or when the incident of

domestic violence is reported to him, shall inform the aggrieved person

DÀ i (a) of her right to make an application for obtaining a relief by way of a protection order, an
iben
o
order for monetary relief, a custody order, a residence order, a compensation order or
more
than one such order under this Act,caoika lis io eti stksstest
() of the availability of
services of
service providers; tt ibeotaor Iso:rt
to vao () of the availability of services of the Protection Officers;
e to free legal services under the Legal Services Authorities Act, 1987;,
sd () of her right

(e) of her right to file a complaint under Section 498A of the Indian Penal Code wherever
LbIs. relevant

However, it must be noted that nothing in' this Act shall be construed in any manner as to relieve
a

as to the
police officer fromn his duty to proceed in accordance with law upon receipt of information
commission of a cognizable offence.
Duties of shelter homes and medical facilities
a or a service
Section provides that if an aggrieved person or on her behalf Protection Officer
6

Provider requests the person in charge of shelter home to provide shelter

a to her,such person in charge of
7
tne shelter home shall provide shelter to the aggrieved person in the shelter home. Further, Section

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provides that if an aggrieved person or, on her behalf protection officer or service provider
a a requests

the person in charge of a medical facility to provide any medical aid to her, such person in charge of the
medical facility shall provide medical aid to the aggrieved person in the medical facility.

Appointment of Protection Officers

Section 8 provides for appointment of Protection Officers. It provides that the State Government
shall appoint such number of Protection Officers in each district as it may consider necessary and shall also
notify the area or areas within which a protection officer shall exercise the powers and perform the duties.
The protection officers shall as far as possible be women.

Duties and functions of Protection Officers

Section 9 of the Act provides duties of the protection officer. It lays down the following duties

(a) to assist the Magistrate in the discharge of his functions under this Act;

(b) to make a incident report to the Magistrate, in such form and in such manner as may be
domnestic

prescribed, upon receipt ofa complaint of domestic violence and forward copies thereof to the
police officer in charge of the police station within the local limits of whose jurisdiction domestic
violence is alleged to have been committed and to the service area;
providers in that
(c) to make an application to the Magistrate, if the aggrieved person so desires, claiming
relief for
a
issuance of protection order;

(d) to ensure that the aggrieved person is provided legal

aid under the Legal Services Authorities Act,
1987 and make available free of cost
the prescribed form in which a complaint is to be made;
(e) tomaintain a list of all service providers providing legal
aid or counselling, shelter homes and
medical facilities in a local area within the
jurisdiction of the Magistrate;
() to make available a safe shelter home, the aggrieved person so
if requires and forward a copy of
his report of having lodged the aggrieved person a
in shelter home to the police station and the
Magistrate having jurisdiction in the area where the shelter
home is situated;
(g) to get the aggrieved person medically
examined, if she has sustained bodily injuries
and forward a
copy of the medical report to
the police station and the Magistrate having
jurisdiction in the area
where the domestic violence is alleged to have been taken place;

(h) to ensure that the order for monetary

relief under Section 20 is complied with
and executed, in
accordance with the procedure prescribed under the Code
of Criminal Procedure, 1973:
) to perform such other duties as may be prescribed.
The Protection Officer shall be under the control and supervision
of the Magistrate, and shall
perform the duties imposed on him by the Magistrate and the Government by, or under, this Act

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Service Providers
Section 10 of the Act provides for registration of service providers. It provides
that subject to such
rules as
may be made in this behalf, any voluntary association
registered I under
the Societies Registration Act,
1860 or a company registered under the Companies Act, 1956 or any other law for the time being in force

with the objective of protecting the rights and interests of women by any lawful means including providing

oflegal aid, medical, financial or other assistance shall register itself with the State Government as a service
provider for the purposes of this Act.

Powers of Service Providers

Section 10(2) provides for powers of service providers. It lays down that service provides shall
bave the following powers:

() record the domestic incident reportin the prescribed form if the aggrieved person so desires
and forward a copy to the Magistrate and the protection officer having jurisdiction in the area
where the domestic violence took place;siie
o
(b) get the aggrieved person medically examined and forward a copy of the medical report to the

SProtection COfficer and the police station within the local limits of which the domestic violence
took place;

() ensure that the aggrieved petson is provided shelter in a shelter home, if she so requires and
forward a report of the lodging of the aggrieved person in the shelter home to the police
station within the local limits of which the domestic violence took place.
Duties of Government

Section 11 provides for the duties of the government. The Central Government and every State
Government, shall take all measures toensure
to that
(a) the provisions of this Act are given wide publicity through public media including the televi
sion, radio and the print media at regular intervals;
officers and the
ri
(b)
th Central Government and State Government officers including the police

-
awareness
members of the judicial services are given periodic sensitization and training on the
issues addressed by this Act;

(c) effective co-ordination between the services provided by concerned Ministries and Depart
resources to
ments dealing with law, home affairs including law and order, health and human
same is con
address issues of domestic violence is established and periodical review of the
ducted;
(d) protocols for the various Ministries concerned with the delivery of services to women under
this Act including the courts are prepared and put in place.

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Procedure for obtaining orders

Application to Magistrate
Section 12 provides that an aggrieved person or a protection officer or any other person on behalf of
the aggrieved person may present an application to the Magistrate seeking one or more reliefs under this
Act. Before passing any order on such application, the Magistrate shall take into consideration any domestic

incident report received by him from the Protection Officer or the service provider.
The relief sought may include a relief for issuance of an order for payment of compensation or
damages without prejudice to the right of such person to institute a suit for compensation or damages for
the injuries caused by the acts of domestic violence committed by the respondent.Where a decree for any
amount as compensation or damages has been passed by any court in favour of the aggrieved perSon,
the
amount, if any, paid or payable in pursuance of the order made by the Magistrate under this
Act shall be set
off against the amount payable under such decree and the decree shall be executable for the balance
amount, if any, left after such setoff.
The Magistrate shall fix the first date of hearing, which shall not
ordinarily be beyond three days from
the date of receipt of the application by the court.The Magistrate
shall endéavour'to dispose of every
application made under Section 12 (1) withih a period of sixty days
from the date of its'first heariig.
Under the Act, aggrieved person can directly approach the Magistrate
for redtessal of her domestic
violence or she can approach protectioñ officer in case of emergency
with the servie providers and with
their help to Magistrate concerned. There is rño illegality in
directly approaching Magistrate for taking cogni
zance in the matter. Magistrate
concerned can take, help of protection officer and service
provider after
receiving the complaint.

Amendment of complaint under Section 12: InKunapareddy @ Nookala Shanka Balaji v.

Kunapareddy Swarna Kumari (2016) Supreme Court held that amendments of complaints or petitions
I Gled under Section 12 of
the Domestic Violence Act canbe allowed. If the power to amend the com-|
I plaint/application etc. is not read into the aforesaid provision, the very purpose which
the Act attempts to l

sub-serve itself may be defeated in many cases.

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Divorce decree bars proceedings under the Act: Supreme Court in Indrajeet Singh Grewal v.
Crate of Punjab, (2011) 12 SCC 588 observed that where the decree of divorce passed by Civil Courtwas
illsubsisting Magistrate cannot be permitted to proceed further under the provisions of the Act. Such
aroceedings would amount to abuse of the process of the court. Even if the divorce decree is alleged to
bave been obtained by playing fraud upon the court, theparty has to approach the appropriate forum for

cancellation of the same. However, it must be noted that in Juveria Abdul Majid Patni v. Atif Iqbal
Mansoori, (2014) 10 SCC 736, Supreme Court observed that an act of domestic violence once commit
red. subsequent decre of divorce will not absolve the liability of the respondent from the offence commit
ted or to deny the benefit to which the aggrieved person is entitled under the Domestic Violence Act, 2005

incuding monetary relief under Section 20, Child Custody under Section 21, Compensation under Section
22 and interim or x parte order under Section 23 of the Act.
Service of notice
Section 13 provides that a notice of the date of hearing fixed under Section 12 shallbe given by the
Magistrate to the Protection Officer, who shall get it served on the respondent, and on any other person,as

directed by the Magistrate within a maximum period of two days or such further reasonable time as may

be allowed by the Magistrate from the date of its receipt.

Counselling

Section 14 provides that the Magistrate may, at any stage of the proceedings direct the respondent or
the agrieved person, either singly or jointly, to undergo counselling with any member of a service provider

who possess such qualifications and experience in counselling as may be prescribed. Where the Magistrate
has issued any direction of counselling, he shall fix the next date of hearing of the case within a period not
exceeding two months.

Proceedings to be held in camera: Section 16 provides that if the Magistrate considers that the
circumstancesof the case so warrant, and if either party to the proceedings so desires, he may conduct the
proceedings under this Act in camera.

Right to reside in a shared household

any other law for the time being in
Section 17 provides that notwithstanding anything contained in

Iorce, every woman in a domestic relationship shall have the right to reside in the shared household, whether
Or not she has any right, title or beneficial interest in the same.The aggrieved person shall not be evicted
or
save in accordance with the
excluded from the shared household or any part of itby the respondent
procedure established by law.

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What is shared houschold?

Act. It means a household where the
person
Shared household has been defined in Section 2(s) of the
singly or along with the respondent
aggrieved lives or at any stage has lived in domestic relationship either
a

or tenanted either jointly by the aggrieved person and the

and includes such a household whether owned
respect of which either the aggrieved person or the
respondent, or owned or tenanted by either of them in
a
respondent or both jointly or singly have any right, title, interest or equity and includes such household
is a member, irrespective of whether the
which may belong to the joint family of which the respondent
respondent or the aggrieved person has any right, title or interest in the shared household.
17(1), Section 2(s) held that
In S.R. Batra v. Taruna Batra (2006) Supreme Court referring to Section
a
the wife is only entitled to claim a right to residence in a shared household, and 'shared household' would
only mean the house belonging to or taken on rent by the husband, or the house which belongs to the joint
family of which the husband is a member. This judgment has been overruled by Supreme Court in Satish
Chandra Ahuja v. Sneha Ahuja, (2021) 1 SCC 414. Court held that Section 2(s) of the Act read with
Sections 17 and 19 of the Act grants an entitlement in favour of the woman of the right of residence under
the shared household irrespective of her having any legal interest in the same or not. The definition of
shared household in Section 2(s) does not indicate that a shared household shall be the one which belongs to
or taken on rent by the husband. If the shared household belongs to any relative of the husband with
whom in a domestic relationship the woman has lived, the conditions mentioned in Section 2(9) are satisfied
and the said house will become a shared house. Therefore, it means that wife is entitled to residence in the
house owned by father-in-law or mother-in-law.
The court held that for the premises in question to fall within the definition of 'shared household', it is
not the requirement of law that aggrieved person may either own the premises jointly or singly or by
tenanting it. The household may belong to a joint family of which the respondent is a member irrespective
of any right, title or interest in the household. Shared household may either be the premises belonging to any
relative of the husband with whom woman lives in domestic relationship.
The Supreme Court interpreted
the phrase 'at any stage has lived' in Section 2(s) of the Act. The court held that it refers to
living of
aggrieved person a
in household at any time of filing application under Section 12 or passing
of order
under Section 19 or her living in recent past prior to her exclusion from possession or on her
remaining
temporarily absent. This expression has been used to protect the women from denying the benefit of the
right tolive in a shared household on the ground that on the date when the application is filed she was
excluded from possession of the house or temporarily absent.
In Mannmohan Attavar v. Neelam Manmohan Attavar (2017) Supreme Court observed that to
iceue an order under the Domestic Violence Act permitting a party to occupy a household, it is necessary

that the two parties had lived in domestic relationship in the household.
a

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Protection orders
Section 18 provides that 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;
(0) aiding or abetting in the commission of acts of domestic violence;

() 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;

() attempting to communicate in any form, whatsoever, with the aggrieved person, including
personal, oral or written or electronic or telephonic contact;

() 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;

5 causing violence to the dependants, other relatives or any person who give the aggrieved
person assistance from domestic violence;

committing any other act as specified in the protection order.

Section 25 provides that a protection order made under Section 18 shall bein force till the aggrieved
person applies for discharge.

Penalty for breach of protection order by respondent

Section 31 provides that a breach of protection order, or of an interim protection order, by the
respondent shall be an offence under this Act and shall be punishable with imprisonment of either descrip
tion for a term which may extend to one year, or with fine which may extend to twenty thousand rupees,
or with both. The offence shall as far as practicable be tried by the Magistrate
who had passed the order, the
breach of which has been alleged to have been caused by the accused. While framing charges
under Section
SI0), the Magistrate may also frame charges under Section 498A of the Indian Penal Code or any other
provision of that Code or the Dowry Prohibition Act, 1961, as the case may be, if the facts disclose the
commission of an offence under those provisions. Section 32 further provides that notwithstanding any
thing contained in the Code of Criminal Procedure, 1973, the offence under Section 31(1) shall be
cogni
zable and non-bailable.

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Residence orders
19 of Domestic Violence Act came to be enacted in
Section 19 provides for residence orders. Section
peace against domestic violence in their residence, their
the first place granting essentially the wives/women
cases wives do not own matrimonial homes, they are statutorily given
title notwithstanding. Since in most
principles of common law so that they
rights therein which were not given to them by courts under the
upon the sublime
of their matrimonial home. This statutory grant
is
have a right to peaceful enjoyment
principle of human rights prevailing over proprietary rights.
may, on
Section 19 provides that while disposing of an application under Section 12(1), the Magistrate
pass a residence order
being satisfied that domestic violence has taken place,

(a) restraining the respondent from dispossessing or in any other manner disturbing the possession of
a or
the aggrieved person from the shared household, whether or not the respondent has legal
equitable interest in the shared household;

(b) directing the respondent to remove himself from the shared household. No order under this
clause shall be passed against any person who is a woman. It means that in the guise of passing an
order under Section 19 (1)(b) of Domestic Violence Act, women members of the family cannot
be directed to be removed from the shared household.

(c) restraining the respondent or any of his relatives from entering any portion of the shared house
hold in which the aggrieved person resides;

(4) 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
() directing the respondent to secure same level of alternate accommodation for the aggrieved per
son as enjoyed by her in the shared household or to pay rent
for the same, if the circumstances so
require.

The Magistrate may direct the respondent to return to the possession

of the aggrieved person her
stridbah or any other property or valuable security to which she is entitled to. 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.
The Magistrate may require from the respondent to execute a bond, with or without sureties, for
preventing the commission of domestic violence. An order for execution of bond shall be deemed to
bean order under Chapter VIII of the Code of Criminal Procedure, 1973 and shall be dealt with accord.
ingly.

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 Protection of Women from Domestic Violence Aa

While passing an order under Section 19(1), 19(2) and 19(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. The Magistrate may
also direct the officer in-charge of the police station in whose jurisdiction the Magistrate has been ap
proached to assist in the implementation of the protection order.
In Satish Chandra Ahuja v. Sneha Ahuja, (2021) 1 SsCC 414 Supreme Court held that pendency of
any proceedings under the Act or any interim or final order under Section 19 regarding right of residence
would not bar initiation or continuation of any civil proceedings, which relate to the orders passed under
the Act.

Monetary relicfs
Section 20 of the Act provides for monetary relief. Supreme Court in Rajnesh v. Neha, (2021) 2
SCC 324 held that remedy of maintenance is a measure of social justice as envisaged in the Constitution of
India to prevent wives and children from falling into destitution and vagrancy. Preamble of the Constitution
and Articles 15(3) and 39 envisage social justice and positive State action for empowerment of women and

children.

While disposing of an application under Section 12(1) 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,
(a) the loss of earnings;

() the medical expenses;

any property from the control
() the loss caused due to the destruction, damage or removal of
ofthe aggrieved person; and
any, including an order
the maintenance for the aggrieved person well her children, if
as as
(d)
125 of the Code of Criminal
under or in addition to an order of maintenance under Section
being in force.
Procedure, 1973 or any other law for the time
granted under this section shall be adequate.
Section 20(2) of the Act provides that the monetary relief
fair and reasonable and consistent with the standard of
living to which the aggrieved person is accustomed.

power to order an appropriate lump sum payment or monthly

payments of
Ihe Magistrate shall have the
v. Neha, (2021)2 SCC
of the case may require. In Rajnesh
maintenance, as the nature and circumstances
be taken into consideration for
determining the
S24 Supreme Court held that following factors should

amount of maintenance:

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 A Compendions Guide to Judicial Servias Mains Examinations: Volume II
(1) Status of the parties.

(2) Reasonable wants of the claimant.

(3) Independent income and property of the claimant.

(4) Number of persons, the non-applicant has to maintain.

en
to live in a similar lifestyle as he/she
(5) Amount of maintenance should aid the applicant
joyed in the matrimonial home.

(6) Non-applicant's liabilities, if any.

treatment etc of the
(7) Provisions for food, clothing, shelter, education, medical attendance and
applicant.

(8) Payment capacity of the non-applicant.

of the non-applicant when all
(9) Some guess work is not ruled out while estimating the income

the sources or correct sources are not disclosed.

(10) The non-applicant to repay the cost of litigation.
(12) Duration of marriage.
(13) Investments made by parties.
(14) Maintenance of minor children.

(15) Educational expenses of children.

(16) Serious disability or ill health of spouse or child.

(17) Financial position of parents of wife not relevant.

(18) Marriage expenses of children.

(19) Age of parties.

(20) Employability of wife and reasons why wife sacrificed her employment opportunities.
(21) Financial status and reasonable needs of applicant.
(22) Reasonable cost of litigation for a non-working wife.
(23) Right to residence.

(24) Any other factor relevant to determine the amount of maintenance.

Failure to pay maintenance

Upon the failure on the part of the respondent to make payment in terms of the order under Section
20(1), the Magistrate may direct the employer or a debtor of the respondent, to directly pay to the ag

wages or salaries or debt due or accrued to the

grieved person or to deposit with the court a portion of the
credit of the respondent, which amount may be adjusted towards the monetary relief payable by the

respondent.

822
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 Protection of Women from Domestic Violence Ad

,vD Bhanot v. Savita Bhanot (2012) the Supreme Court held that the conduct of
the parties even
priorto
the coming into force of the Domestic Violence Act, could be taken into consideration while
order under Sections 18, 19 and 20. Even if
passing an
a wife, who had a
shared household in the past, but

Wass no
longer doing so when the Act came into force, would still be entitled to the protection of
the Act.

.Shalu Ojha v. Prashant Ojha (2014) Supreme Court held that the High Court should be slow in
oting interim orders, interfering with the orders by which maintenance under this Act. In this case, the
Magistrate ordered the husband to pay maintenance of Rs.2.5 lakhs per month. The husband assailed the
order before the Sessions Court, which eventually dismissed the appeal. The High Court interfered in the

maintenance order passed by the Magistrate.

In Rajneshv. Neha, (2021) 2 SCC 324 Supreme Court held that financial position of parents of wife

would not be material while determining the quantum of maintenance. It is no answer to a claim of
maintenance that the wife is educated and could support herself. The court must take into consideration the
status of the parties and the capacity of the spouse to pay for his or her support.

Custody orders
Section 21 provides that, 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.
may be harmful to the
If the Magistrate is of the opinion that any visit of the respondent
interests of the child or children, the Magistrate shall refuse to allow such visit.

Compensation orders
Section 22 provides that in addition to other reliefs may be granted under this Act, the Magistrate
as
pay
may on an application being made by the aggrieved person, pass an order directing the respondent to
caused by the
compensation and damages for the injuries, including mental torture and emotional distress,
acts of domestic violence committed by that respondent.

Interim and ex parte orders

may pass such
Section 23 provides that in any proceeding before him under this Act,the Magistrate
an application prima facie
Interim order as he deems just and proper. If the Magistrate is satisfied that
discloses that the respondent is committing, or has committed
an act of domestic violence or that there is
may grant an xparte order on
a likelihood that the respondent may commit an act of domestic violence, he
Section 19, Section 20, Section
the aggrieved person under Section
18,
the basis of the affidavit
of

21 or, as the case may be, Section 22 against the respondent.

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empow
Rajneshv. Neha, (2021) 2 SCC 324 Supreme Court reiterated that Scction 23 the Act
of

appli
the Magistrate to pass an crparte order awarding maintenance to wife if he satisfied from the
ers is

cation and affidavit of the wife that domestic violence was committed or continuing
or is likely to be
court,
committed by the respondent against the aggrieved party wife. The court further held that family
a
district court ormagistrate must decide the application for interim maintenance by reasoned order latest
within a period of four to six months after the affidavits of disclosure of assets and liabilities have been
filed by the parties.

Jurisdiction
Section 27 provides that the court ofJudicial Magistrate of the first class or the Metropolitan Magis
trate, as the case may be, within the local limits of which

a) the person aggrieved permanently or temporarily resides or carries on business or is em

ployed; or

(b) the respondent resides or carries on businessor is employed; or

(c) the cause of action has arisen, shall be the competent court to grant a protection order and
other orders under this Act and to try offences under this Act.
Any order made under this Act shall be enforceable throughout India. In Shyamlal
Devda v. Parimala,
AIR 2020 SC 762 Supreme Court held that a plain reading of Section 27 of the Act makes it clear
that the
petition under the Domestic Violence Act can be filed in a court where the person
aggrieved permanently
or temporarily resides or carries on business or is employed.
The court where the respondent carries on
business or is employed has also jurisdiction. The court within whose local jurisdiction, the cause
of action
or
wholly partly arises has also jurisdiction. It is open to the aggrieved person to
choose any of the said
courts for filing the complaint and she cannot be compelled to file
thecomplaint according to the choice of
the
respondent.u sni