Protection of Women from Domestic Violence Act 2005 was brought into force by the India Government on 26th October 2006. The braod definition of the law includes not only physical violence, but also other forms of violence, such as emotional, verbal, sexual and economic abuse. It is a civil law meant primarily meant for protection orders and not meant to penalize criminally.
The law provides various rights to the women, which includes monetary relief, rights to residence, compensation, protection order and child custody amongst other reliefs. The victim can claim the aforesaid under Domesctiv Violence Act, The Domestic violence Act has come into force with the objective of expeditious disposal of the claim for the women who are subjected to domestic violence. Domestic violence law enforcement is to ensure the visticm gets timely justice in a way of economic justice, security and independence to women victim of domestic violence. The victim can approach either the ‘Protection Officer’ or the ‘Service Provider’ under this law, can also approach the police or a Magistrate directly. Complaints of Domestic violence are filed in the Magistrate Court, the sitting judge or magistrate is empowered to pass exparte orders.
The Domestic violence law specifically provides the right to residence to the victim. The right to residence includes in living in the shared house irrespective of the fact whether wife has right, title or interest over the property. This specific provision is included in Domestic Violence law to address the menace of abandoning woman and children, without anyroof and shelter in case of matrimonial disputes. The DV Act also enforces the husband to provide for alternate accommodation if not feasible together, hence, law enforces the husband to provide residence to the wife with or without him. Such residence can be shared house where husband and wife lived together earlier and made the house as their matrimonial house. Alternatively law mandates the husband to provide alternate residence housing if not feasible in the current resident.
Case under domestic violence law is initiated by filing a domestic violence complaint detailing all events of violence before the Court of Magistrate, the complaint is usually accompanied by interim application. The Magistrate hearing the complaint is empowered to execute summons of the case either through protection officer or by the concerned police station. In the dire case requiring urgent relief, the court has the power to grant exparte order (order in the absence of the other party). In case, wife is abandoned by the husband and is in a situation where she may lose roof and shelter, she can approach to the Court for directions that she may not be evicted from the house rather she should be allowed to stay in the shared house hold or matrimonial home. The court under such grave circumstance is competent to pass exparte order restraining the husband or any other family member from dispossessing her from the shared house or matrimonial home.
Another most important feature of Domestic violence law is that relief can be claimed not only against husband but also against in laws as well. Scope of the law is further widened wherein it is clarified that not only wife but any other female living in domestic relationship can seek remedy. Thus, sister or mother can claim relief against son or father and/or brother for the relief. Domestic Violence Law for the first time recognizes the existence of legal rights to female who are not married to claim monetary relief, residence, compensation etc from her partner. In other words, women’s living in Live-in relationship has been given the benefits of protection, right and claim under domestic violence law.
Law relating to the Domestic violence has developed considerably over the years. Yet, law is still in the formative stages with different judgements and cases the laws are evolving. There are many domestic violence lawyers, we Usha Tanna & Associates are one of the well recognised lawyers in the city. We are well versed and updated with changing law for the successful prosecution or defence of the domestic violence complaint. The sign of good domestic violence lawyer is he or shre ensures maximum benefits to the victim and when defending, ensures the best strategy to counter the claims and get justice in cases of motivated domestic violence complaint.
