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Domestic Violence Act 2005
THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE
DEFINITIONS
Definition of domestic violence.- 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. Explanation I.- For the purposes of this section,-
-
- (i) " physical abuse" means any act or conduct which is of such a nature
as to cause bodily pain, harm, or danger to life, limb, or health or impair the
health or development of the aggrieved person and includes assault, criminal intimidation
and criminal force;
- (ii) " sexual abuse" includes any conduct of a sexual nature that abuses,
humiliates, degrades or otherwise violates the dignity of woman;
- (iii) " verbal and emotional abuse" includes-
-
- (a) insults, ridicule, humiliation, name calling and insults or ridicule specially
with regard to not having a child or a male child; and
- (b) repeated threats to cause physical pain to any person in whom the aggrieved
person is interested.
- (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 of a court
or otherwise or which the aggrieved person requires out of necessity including,
but not limited to, household necessities for the aggrieved person and her children,
if any, stridhan, property, jointly or separately owned by the aggrieved person,
payment of rental related to the shared household and maintenance;
- (b) disposal of household effects, any alienation of assets whether movable or immovable,
valuables, 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 reasonably required by the aggrieved person or her
children or her stridhan or any other property jointly or separately held by the
aggrieved person; and
- (c) 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 access to the shared household. Explanation II.- 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. CHAPTER III POWERS AND DUTIES OF
PROTECTION OFFICERS, SERVICE PROVIDERS, ETC. CHAPTER III POWERS AND DUTIES OF PROTECTION
OFFICERS, SERVICE PROVIDERS, ETC.
RIGHTS GRANTED TO WOMEN
1) Right to reside in a shared household:
2) Right to obtain assistance and protection:
3) Right to issuance of Orders:
She can get the following orders /reliefs issued in her favour through the court
once the offence of domestic violence is prima facie established: 1. Protection
Orders 2. Residence Orders 3. Monetary Relief: 4. Custody Orders: 5. Compensation
Orders: 6. Interim and Ex parte Orders:
Right to obtain relief granted by other suits and legal proceedings:
The aggrieved person will be entitled to obtain relief granted by other suits and
legal proceedings initiated before a civil court, family court or a criminal court.