Reliefs and Remedies PREKSHA R LALWANI CONTENT Purpose of the act What is domestic Violence Forms OF DOMESTIC VIOLENCE Who is the victim Who can file a complaint Against whom Whom to complain ID: 1046351
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1. Protection of Women from Domestic Violence Act, 2005- Reliefs and Remedies- PREKSHA R. LALWANI
2. CONTENTPurpose of the actWhat is domestic Violence?Forms OF DOMESTIC VIOLENCEWho is the victim?Who can file a complaint? Against whom?Whom to complain?How to complain? When to complain?
3. CONTENTRELIEFS AVAILABLE UNDER THE ACTProtection orderResidence orderMonetary reliefCustody orderCompensation orderInterim and ex parte orderFACILITIES PROVIDED UNDER THE ACTPENALTY/PUNISHMENTS UNDER THE ACT
4. Purpose of the actTHE PURPOSE OF THE ACT IS to provide for more effective protection of the rights of 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.
5. What is domestic Violence? (SECTION 3)SECTION 3 OF Protection of Women from Domestic Violence Act, 2005 provides:For the purposes of this act, 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, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or (b) harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or (c) has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause (a) or clause (b); or (d) otherwise injures or causes harm, whether physical or mental, to the aggrieved person.
6. Forms OF DOMESTIC VIOLENCE
7. Who is the victim? [Aggrieved person-Section 2(a)]SECTION 2 (a) OF Protection of Women from Domestic Violence Act, 2005 defines: “Aggrieved person” as any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent.
8. Who is the abuser/perpetrator?
9. Who can file a complaint?Only A Women Can File A Complaint Under The Protection Of Women From Domestic Violence Act, 2005
10. Against whom?Any adult male member who has been in a domestic relationship with the womanRelatives of the husband or the male partnerIncludes both male and female relatives of the male partner
11. Whom to complain?
12. How to complain?Over Telephone/ E-mail to the Protection Officer/ Service ProviderWritten Complaint to Protection Officer, Police Officer, Service Provider, Magistrate
13. When to complain?When the incident of domestic violence has happened When the incident of domestic violence is happening When there is a probability that it will happen
14. RELIEFS AVAILABLE UNDER THE ACTProtection order (section 18)Residence order (Section 19)Monetary relief (section 20)Custody order (section 21)Compensation order (Section 22)Interim and ex parte order (section 23)
15. Protection order (section 18)Prohibiting the Respondent from: Committing acts of violence Aiding and abetting in the commission of domestic violence Entering place of employment of food in case of a child Alienating assets, bank accounts, Stridhan or any property that they hold separately or jointly
16. Residence order (Section 19)To remove the use of function and householdsRestraining the abuser from entering any portion of the household where the victim residesDirect the respondent to secure alternate accommodation Restrain the abuser from alienating or disposal off the shared household
17. Monetary relief (section 20)Expenses incurredLosses sufferedMedical expensesMaintenance for herself and childrenThe Court can direct the employer or debtor of the respondent to make payment directly to the victim or deposit in court the amount ordered by the Magistrate
18. Custody order (section 21) The Court can grantCustody of child or children to the aggrieved person in the pendency of any applicationMagistrate can deny visitation rights to the children to the respondent is such visit is harmful to the child
19. Compensation order (Section 22)In addition to any other reliefs magistrate may also grant compensation order for damages for injuries, including for mental torture and emotional distress caused by the act of domestic violence
20. Interim and ex parte order (section 23) If the Magistrate is satisfied that the application discloses commission of an act of domestic violence he may grant and Ex Parte Order. Court can also pass Interim Orders if the matter is of urgent nature.
21. FACILITIES PROVIDED UNDER THE ACTMedical facilities (section 7)Shelter homes (section 8)Counseling (Section 14)Assistance of welfare experts (Section 15)Support by protection officer, police officer and service provider (section 4, 5, 8, 9 and 10)
22. procedure
23. PENALTY/PUNISHMENTS UNDER THE ACT
24. THANK YOU!