Domestic violence act

05,Supreme Court Lawyers Society,Sector-99, Noida, Uttarpradesh, 201301 (NCR)Contact Num : 09818165758

http://www.hellocounsel.com

DOMESTIC VIOLENCE ACT

The Domestic Violence Act, 2005, poularly known as the D V Act lays down the safeguards for the protection of women against any form of violence occurring within the family. It has gone at length to describe physical, emotional, verbal, sexual and economic abuse. One of the most highlighting features of the Act has been the right of the woman to reside in the shared household irrespective whether she has any right, title or beneficial interest in the same.


There is a special provision for service providers who have the power to record the domestic incident report of the aggrieved person and on his behalf may forward a copy to Magistrate and the Protection Officer who has the jurisdiction in the are where the domestic violence took place.


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After presentation of the application to the magistrate, the aggrieved person may seek the following reliefs: orders for the payment of compensation or damages, a residence order, restraint orders against the respondent, restraining him from selling the shared household during the pendency of the case, restraint orders restraining him from dispossessing or in any other manner disturbing the possession of the aggrieved person from the shared household whether or not the respondent has a legal or equitable interest in the shared household.


Also orders restraining the respondent from entering the aggrieved person’s place of employment or disturbing the aggrieved person by telephoning or texting. The magistrate may also direct the respondent or the aggrieved person to undergo counselling with an experienced practitioner.


The D V Act clearly defines: what is domestic violence; Right to reside in a shared household; who could be appointed a Protection Officer; the role of Service Providers; how to file D V Act Complaint in the Court; counselling; protection orders; residence orders; monetary reliefs the Magistrate can grant; when custody orders could be passed; Compensation orders; Penalty for breach of protection order by respondent & Appeal.


Contact Us05,Supreme Court Lawyers Society,Sector-99, Noida, Uttarpradesh, 201301 (NCR)Contact Num : 09818165758


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