The Protection of Women from Domestic Violence Act, 2005 provides for more effective protection of the rights of women guaranteed under the constitution who are the victim of violence of any kind occurring within the family and formalities connected therewith or incidental thereto. As per Section 3 of the Protection of Women from Domestic Violence Act, 2005- Any act, omission or commission or conduct of the respondent shall constitute Domestic Violence- a) Which harms or injures or endangers- health, safety, limb or life, well being Whether mental or physical of the aggrieved person. It includes causing physical, sexual, verbal, emotional, and economic abuse. b) Harass, harm injures, or endanger the aggrieved person. - Coerce her or other person related to her-1. To meet any unlawful demand for dowry, or 2. Other property, or 3. Valuable security c) has the effect of threatening under clause (a) or (b) aggrieved person or any person related to her, d) otherwise injures or causes harms to aggrieved person physical or mental The victim of domestic violence or any witness of the offence, on her behalf, can file an FIR/complaint with the local police officer, or the protection officer, or service provider, or directly to the Magistrate. PROCEDURE FOR OBTAINING ORDERS OF RELIEFS As per section 12 of chapter 4 of the protection of women from domestic violence act- the aggrieved person, protection officer, or any other person on behalf of the aggrieved person may present an application to the magistrate seeking one or more reliefs. Before passing any order magistrate will take into consideration any domestic incident report received by him from-a) protection officer b) Service provider The aggrieved person can ask for payment of compensation or damages. Every application shall be in such form and contain particulars as prescribed by law. Then within 3 days from the date of receipt of the application by the Court, the magistrate will fix the first date of hearing and dispose of the application within 60 days of 1st hearing. As per Section 13, Protection Officer will serve the Notice within 2 days to the respondent or any other person. As per Section 14, the magistrate may at any stage of the proceeding direct both the parties to undergo counselling. And then fix the next date of hearing within a period of 2 months. The magistrate may take the assistance of a welfare expert, preferably a woman including a person engaged in promoting family welfare. Proceeding to be held in camera. Every woman in a domestic relationship shall have the right to reside in a shared household whether or not she has any- right, title, or beneficial interest. If the court is satisfied that domestic violence has taken place or is likely to take place and by giving both parties opportunities of being heard, the court may pass- Protection Residence Monetary Custody Compensation Order Order Reliefs Order Order (Sec 18) (Sec 19) (Sec 20) (Sec 21) (Sec 22)
