Domestic Violence Act (2005) Simplified
Since the beginning of the Lockdown, many newspapers have reported that the cases related to Divorce and Domestic Violence will increase in coming future. “Domestic Violence” has become buzz word amongst people and it’s been observed, that laymen has unnecessarily get scared of this act. This Article is an attempt to make such common people understand the legal provisions of Domestic violence Act (2005) in lucid manner.
What is Domestic Violence Act?
This act was proposed in parliament in 2005, with an intention to protect women form any violent act at domestic front and safeguard their rights. This act came into force from 26th October, 2006.
Objectives of the Act.
Major Objectives of this act are as follows.
1) To Protect Female from any Physical, verbal, emotional or sexual assault/abuse.
2) To Provide Monetary relief or Compensation to the aggrieved Party
3) To Provide Legal Support to Aggrieved Party
4) To Issue Residence and Custody Order in favour of Aggrieved Party.
What a Victim Should do to
1) Raise her voice against any kind of abuse/assault.
2) Approach NGO or Police Station to file FIR
3) Contact Protection Officer and Register Domestic Incident Report (DIR)
4) District Magistrate can be approached directly to file application
5) Appoint an advocate to fulfil legal proceedings on her behalf.
Relief Provided by Magistrate
An aggrieved person or her advocate can seek relief from magistrate. Provided that beforepassing any order on such application the magistrate shall take into consideration anydomestic incident reportreceived by him from the protection officer or Police. Magistrate
can issue notice for following relief benefits to the aggrieved party.
1) Compensation for domestic injuries (Sec. 12)
2) Right to reside in Shared Household (Sec. 17)
3) Protection Order (Sec.18)
4) Residence Order (Sec.19)
This is very simple act and any aggrieved party can make use of provisions of this act.Aggrieved party can approach any of the above mentioned authorities or simply appoint agood Lawyer to seek her rights.
- Download Article in PDF
- Article By Jaimini Nayak Domestic Violence Act
- Link to her profile :-
- https://vakilsaheb.org/gujarat-advocate-list/advocate-jaimini-nayak/