Compiled by Rajasthan Judicial Academy

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 Rajasthan State Judicial Academy

STUDY MATERIAL ON DOMESTIC VIOLENCE ACT

Domestic violence is sadly a reality in Indian society, a truism. In the Indian patriarchal
setup, it became an acceptable practice to abuse women. There may be many reasons for the
occurrence of domestic violence. From a feminist standpoint, it could be said that the occurrence
of domestic violence against women arises out of the patriarchal setup, the stereotyping of
gender roles, and the distribution of power, real or perceived, in society. Following such
ideology, men are believed to be stronger than women and more powerful. They control women
and their lives and as a result of this power play, they may hurt women with impunity. The role
of the woman is to accept her „fate‟ and the violence employed against her meekly.

The Protection of Women from Domestic Violence Act (or the Domestic Violence Act)
is a laudable piece of legislation that was enacted in 2005 to tackle this problem. The Act in
theory goes a long way towards protection of women in the domestic setup. It is the first
substantial step in the direction of vanquishing the questionable public/private distinction
traditionally maintained in the law, which has been challenged by feminists‟ time and again.
Admittedly, women could earlier approach the Courts under the Indian Penal Code (IPC) in
cases of domestic violence. However, the kinds of domestic violence contemplated by this Act,
and the victims recognized by it, make it more expansive in scope than the IPC. The IPC never
used the term domestic violence to refer to this objectionable practice. In fact, the only similar
class of offences addressed by the IPC dealt with cruelty to married women. All other instances
of domestic violence within the household had to be dealt with under the offences that the
respective acts of violence constituted under the IPC without any regard to the gender of the
victim.

This posed a problem especially where the victims were children or women who were
dependant on the assailant. In fact, even where the victim was the wife of the assailant and could
approach the Courts under S.498A of the IPC, she would presumably have to move out of her
matrimonial home to ensure her safety or face further violence as retaliation. There was no
measure in place to allow her to continue staying in her matrimonial home and yet raise her
voice against the violence perpetrated against her. This, together with many other problems faced
by women in the household, prompted this enactment.

What is the Domestic Violence Act?

The Domestic Violence Act, officially known as the Protection of Women from
Domestic Violence Act 2005, was brought into force by the Indian government from October of
2006. The Domestic Violence Act was originally passed by Parliament in August of 2005 and
subsequently assented to by the President in September of the same year. In November of 2007,
the Domestic Violence act was ratified by four of the twenty-eight state governments in India.

The Domestic Violence Act, for the first time in the nation‟s history, formally defined an
act of domestic violence. The definition has since been used in thousands of court cases, both of

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a civil and criminal nature, to prosecute those individuals who commit violent actions against
their spouses or loved ones.

Constitutional Perspective

The enactment in question was passed by the Parliament with recourse to Article 253 of
the Constitution. This provision confers on the Parliament the power to make laws in pursuance
of international treaties, conventions, etc. The Domestic Violence Act was passed in furtherance
of the recommendations of the United Nations Committee on the CEDAW. The Act
encompasses all the provisions of the Specific Recommendations which form a part of General
Recommendationno.19,1992.

Review of Important Provisions

The Act, in a bold break from prior legislations, gives a very expansive definition to the
term “domestic violence”, a term hitherto not even used in legal parlance. Domestic violence is
defined in a comprehensive way in S.3 of the Act, comprising:

- Physical, mental, verbal, emotional, sexual and economic abuse,

- Harassment for dowry,

-Acts of threatening to abuse the victim or any other person related to her.

The Act thus deals with forms of abuse that were either not addressed earlier, or that were
addressed in ways not as broad as done here. For instance, it includes in its ambit sexual abuse
like marital rape which, though excluded under the IPC, can now be legally recognised as a form
of abuse under the definition of sexual abuse in this Act. The definition also encompasses claims
for compensation arising out of domestic violence and includes maintenance similar to that
provided for under S.125 of the Code of Criminal Procedure (CrPC). Nevertheless, the claim for
compensation is not limited to maintenance as allowed by that provision. It is noteworthy that the
maintenance available under this section must be in correspondence with the lifestyle of the
aggrieved party. Lastly, the Act identifies emotional abuse as a form of domestic violence,
including insults on account of the victim‟s not having any children or male children.

Protection of Women and Fundamental Rights

The Statement of Objects and Reasons declares that the Act was being passed keeping in
view the fundamental rights guaranteed under Articles 14, 15 and 21. Article 21 confers the right
to life and liberty in negative terms, stating that it may not be taken away except by procedure
established by law, which is required, as a result of judicial decisions, to be fair, just and
reasonable. The right to life has been held to include the following rights (which are reflected in
the Act), among others:

1. The right to be free of violence: In Francis Coralie Mullin v. Union Territory Delhi,
Administrator, AIR 1981 SC 746, theSupremeCourt stated, any act which damages or injures
or interferes with the use of any limb or faculty of a person, either permanently or even
temporarily, would be within the inhibition of Article 21.

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This right is incorporated in the Act through the definition of physical abuse, which
constitutes domestic violence (and is hence punishable under the Act). Physical abuse is said to
consist of acts or conduct of such nature that they cause bodily pain, harm, or danger to life, limb
or health, or impair the health or development of the aggrieved person. Apart from this, the Act
also includes similar acts of physical violence and certain acts of physical violence as envisaged
in the Indian Penal Code within the definition of domestic violence. By adoption of such an
expansive definition, the Act protects the right of women against violence.
2. The right to dignity: In Ahmedabad Municipal Corporation v. Nawab Khan Gulab Khan,
AIR 1997 SC 152, the Supreme Court emphasised the fact that the right to life included in its
ambit the right to live with human dignity, basing its opinion on a host of cases that had been
decided in favour of this proposition. The right to dignity would include the right against being
subjected to humiliating sexual acts. It would also include the right against being insulted. These
two facets of the right to life find mention under the definitions of sexual abuse and emotional
abuse, respectively. A praiseworthy aspect of the legislation is the very conception of emotional
abuse as a form of domestic violence. The recognition of sexual abuse of the wife by the husband
as a form of violation to the person is creditable, especially as such sexual abuse is not
recognised by the IPC as an offence. These acts would fall within the confines of domestic
violence as envisaged by the Act, though the definition would not be limited to it.

3. The right to shelter: In Chameli Singh v. State of U.P. ,1993 (22) ALR 37, it was held that
the right to life would include the right to shelter, distinguishing the matter at hand from Gauri
Shankar v. Union of India,2003 (1) BLJR 535,where the question had related to eviction of a
tenant under a statute. Ss. 6 and 17 of the Domestic Violence Act reinforce this right. Under S.6,
it is a duty of the Protection Officer to provide the aggrieved party accommodation where the
party has no place of accommodation, on request by such party or otherwise. Under S.17, the
party‟s right to continue staying in the shared household is protected. These provisions thereby
enable women to use the various protections given to them without any fear of being left
homeless.

Article 14 contains the equal protection clause. It affirms equality before the law and the
equal protection of the laws. Article 14 prohibits class legislation, but permits classification for
legislative purposes. A law does not become unconstitutional simply because it applies to one set
of persons and not another. Where a law effects a classification and is challenged as being
violative of this Article, the law may be declared valid if it satisfies the following two conditions:

1. The classification must be based on some intelligible differentia,

2. There must be a rational nexus between this differentia and the object sought to be
achieved by the law.

As a result of the ruling in cases such as E.P. Royappa v. State of Tamil Nadu, AIR 1974
SC 555, any law that is arbitrary is considered violative of Article 14 as well. This provision is
significant in putting a stop to arbitrariness in the exercise of State power and also in ensuring

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that no citizen is subjected to any discrimination. At the same time, it preserves the State‟s power
to legislate for a specific category of people

Article 15 disallows discrimination on the grounds of religion, caste, sex, race, etc., but
permits the State to make special provisions for certain classes of persons, including women and
children.

The Domestic Violence Act promotes the rights of women guaranteed under Articles 14
and 15. Domestic violence is one among several factors that hinder women in their progress, and
this Act seeks to protect them from this evil. It indeed effects a classification between women
and men, protecting only women from domestic violence, but this classification is founded on an
intelligible differential, namely, gender, and also has a rational nexus with the object of the Act.
Further, the Act is far from arbitrary, in that it is a well-thought and necessary attempt to curtail
domestic violence and eventually vanquish it. It is to be remembered that it is generally women
who are the victims of domestic violence, and not men. At this stage, it is also essential to keep
in mind Article 15(3) which empowers the State to make legislations like this for the benefit of
women, thus creating an exception in their favour against the operation of Article 15(1).

What is the definition of Domestic Violence according to the Domestic Violence Act?

The Protection of Women from Domestic Violence Act defines domestic violence in a
series of steps or classifications. For the purpose of the domestic violence act, domestic violence
is defined as any conduct that is delivered in a habitual nature and encompasses various forms of
assault, which make the life of the aggrieved or inflicted person miserable.

The domestic violence act states that the victimized party is impeded from his or her
personal liberties through perpetual violence or belittlement; the nature of the definition
constitutes a feeling of depression by the aggrieved party even the underlying conduct does not
amount to physical ill-treatment.

The Domestic violence act further defines domestic violence as any action, committed in
the constraints of a relationship or marriage, as any action, which forces the aggrieved part to
lead an immoral life or any action that delivers harm or injuries to the aggrieved person.

The Domestic Violence Act also states that a domestic violence charged will not be heard
if the pursuit of course of conduct by the responding party was reasonable for his or her own
protection or for the protection of his or another party‟s property.

Why was the Domestic Violence Act Passed?

The Domestic Violence Act was meant to provide protection to the wife or female live-in
partner from acts of domestic violence at the hands of her husband or male live-in partner. The
laws within the act also extend to protect women who are widows, mothers or sisters from acts of
domestic violence.

Under the act, domestic violence includes all actual abuse or the threat of abuse,
regardless of whether the actions are of a physical, sexual, economic, verbal or emotional nature.

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Economic domestic abuse, according to the domestic abuse act, refers to any harassment by way
of unlawful dowry demands to the women or her relatives.

One of the primary goals of the domestic violence act is to secure the woman‟s right to
obtain housing. The domestic violence act provides for the woman‟s right to reside in a shared
household, whether or not the individual has any title or rights to the home. This right is secured
by a residence order, which is passed by a coordinating court under the Domestic violence Act.

Scope of the Act

The scope of this piece of legislation has been expounded in plethora of judgements by
the High Courts and the Supreme Court in India. For instance, in a recent judgment the High
Court of Gujarat in the case of BhartibenBipinbhaiTamboli v. State of Gujrat and ors, 2018
(1) Crimes 11 (Guj) while extensively discussing the provisions under the Domestic Violence
Act remarked that:

The domestic violence in this country is rampant and several women encounter violence
in some form or the other or almost every day. However, it is the least reported form of cruel
behaviour. A woman resigns her fate to the never-ending cycle of enduring violence and
discrimination as a daughter, a sister, a wife, a mother, a partner, a single woman in her lifetime.
This non-retaliation by women coupled with the absence of laws addressing women‟s issues,
ignorance of the existing laws enacted for women and societal attitude makes the women
vulnerable. The reason why most cases of domestic violence are never reported is due to the
social stigma of the society and the attitude of the women themselves, where women are
expected to be subservient, not just to their male counterparts but also to the male relatives.

Till the year 2005, the remedies available to a victim of domestic violence were limited.
The women either had to go to the civil court for a decree of divorce or initiate prosecution in
the criminal court for the offence punishable under Section 498A of IPC. In both the
proceedings, no emergency relief is available to the victim. Also, the relationships outside the
marriage were not recognized. This set of circumstances ensured that a majority of women
preferred to suffer in silence, not out of choice but of compulsion.

Having regard to all these facts, the parliament thought fit to enact Domestic Violence
Act. The main Object of the Act is protection of women from violence inflicted by a man or/and
a woman. It is a progressive Act; whose sole intention is to protect the women irrespective of the
relationship she shares with the accused. The definition of an aggrieved person under the Act is
so wide that it is taken within its purview even women who are living with their partners in a
live-in relationship.

Who can file a complaint under the Domestic Violence Act?

Section 2(a) of the Domestic Violence Act defines “aggrieved person” as any woman
who is, or has been, in a domestic relationship with the respondent and who alleges to have been
subjected to any act of domestic violence by the respondent.

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The Domestic Violence Act not only covers those women who are or have been in a
relationship with the abuser but it also covers those women who have lived together in a shared
household and are related by consanguinity, marriage of through a relationship in the nature of
marriage or adoption.

Even those women who are sisters, widows, mothers, single women, or living in any
other their relationship with the abuser are entitled to legal protection under the Domestic
Violence Act.

What is shared household?

The term shared household is defined under the Domestic Violence Act as a household
where the person aggrieved lives or at any stage has lived in a domestic relationship either singly
or along with the respondent and includes such a household whether owned or tenanted either
jointly by the aggrieved person and the respondent, or owned or tenanted by either of them in
respect of which either the aggrieved person or the respondent or both jointly or singly have any
right, title, interest or equity and includes such a household which may belong to the joint family
of which the respondent is a member, irrespective of whether the respondent or the aggrieved
person has any right, title or interest in the shared household.

In the case of S.R. Batra & Another Vs. Smt. Taruna Batra,AIR2007 SC 1118, the
Supreme Court with reference to definition of shared household under Section 2(s) of the
Domestic Violence Act stated that the definition of „shared household‟ in Section 2(s) of the Act
is not very happily worded, and appears to be the result of clumsy drafting requires to be
interpreted in a sensible manner.

The Court held that under Section 17(1) of the Act wife is only entitled to claim a right to
residence in a shared household, and a „shared household‟ would only mean the house
belonging to or taken on rent by the husband, or the house which belongs to the joint
family of which the husband is a member. In the case, the property in question neither
belonged to the husband nor was it taken on rent by him nor was it a joint family property of
which the husband was a member. It was the exclusive property of mother of husband and not a
shared household.

Women in Live in relationships covered under the Act

A wider meaning to an “aggrieved person” under Section 2(a) of the Domestic Violence
Act was conferred by the Supreme Court in the case of [Link] v. [Link],
AIR 2011 SC 479,wherein the Court enumerated five ingredients of a live in relationship as
follows:

1. Both the parties must behave as husband and wife and are recognized as husband and
wife in front of society.
2. They must be of a valid legal age of marriage.
3. They should qualify to enter into marriage eg. None of the partner should have a souse
living at the time of entering into relationship.

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4. They must have voluntarily cohabited for a significant period of time.

5. They must have lived together in a shared household.

The Supreme Court also observed that not all live-in-relationships will amount to a
relationship in the nature of marriage to get the benefit of Domestic Violence Act. To get
such benefit the conditions mentioned above shall be fulfilled and this has to be proved by
evidence.

Status of a Keep- The Court in the case further stated that if a man has a „keep‟ whom he
maintains financially and uses mainly for sexual purpose and/or a servant it would not be a
relationship in the nature of marriage.

In this case, the Court also referred to the term “palimony”(The term Palimony was first used
by the US Court in the case of Marvin Vs. Marvin (1976) which means grant of maintenance to a
woman who has lived for a substantial period of time with a man without marrying and is then
deserted by him.

Against whom can the complaint be filed under the Domestic Violence Act?

Section 2(q) of the Domestic Violence Act defines “respondent” as any adult male
person who is, or has been, in a domestic relationship with the aggrieved person and against
whom the aggrieved person has sought any relief under this Act:

Provided that an aggrieved wife or female living in a relationship in the nature of a

marriage may also file a complaint against a relative of the husband or the male partner.

In view of the definition of the term respondent covering adult male person, the judiciary
has time and again been confronted with the argument that an aggrieved person can file complain
under the Domestic Violence Act against an adult male person only and not against the female
relatives of the husband i.e. mother-in-law, sister-in-law.

However, the Supreme Court in the case of Sandhya Wankhede vs. Manoj Bhimrao
Wankhede (2011) 3 SCC 650put to rest the issue by holding that the proviso to Section 2(q)
does not exclude female relatives of the husband or male partner from the ambit of a complaint
that can be under the provisions the Domestic Violence Act. Therefore, complaints are not just
maintainable against the adult male person but also the female relative of such adult male.
(Archana Hemant Naik v. Urmilaben I. Naik &Anr., 2009 (3) Bom Cr 851)

Wife cannot implicate one and all in the family– Though the Domestic Violence Act is a
beneficial legislation, the same has been many times reported to be misused by women. For
instance, in several cases women register complaint under Domestic Violence Act against one
and all relatives of husband even without any evidence of abuse against them.

In the case of Ashish Dixit vs. State of UP & Anr. AIR 2013 SC 1077, the Supreme
Court has held that a wife cannot implicate one and all in a Domestic violence case. In this case,
the complainant apart from carrying the husband and in-laws in the complaint, had also included
all and sundry as parties to the case, of which the complainant didn‟t even know names.

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Types of abuse under the Domestic Violence Act

The Gujrat High Court in a recent case of BhartibenBipinbhaiTamboli v. State of

Gujrat and ors. 2018(1) Crimes 11(Guj) elaborated on the types of abuse or domestic violence
under the Act. The same is enumerated below:

Physical Abuse

Physical abuse is the use of physical force against a woman in a way that causes her
bodily injury or hurt. Physical assault, criminal intimidation and criminal force are also forms of
physical abuse like beating, kicking and punching, throwing objects, damaging
property, punched walls, kicked doors, abandoning her in a dangerous or unfamiliar place, using
weapon to threaten or to hurt her, forcing her to leave the matrimonial home, hurting her
children, using physical force in sexual situations.

Sexual Abuse

This is also a form of physical abuse. Any situation in which a woman is forced to
participate in unwanted safe or degrading sexual activity, calling her sexual names, hurting a
woman with objects and weapons during sex is sexual abuse.

Verbal and Emotional Abuse

Many women suffer from emotional abuse, which is no less destructive. Unfortunately,
emotional abuse is often minimized or overlooked- even by the woman being abused.

Emotional abuse includes verbal abuse such as yelling, name-calling, blaming and
shaming. Isolation, intimidation and controlling behaviour also fall under emotional abuse.

Economic Abuse

Economic abuse is not a very recognized form of abuse among the women but it is very
detrimental. It mainly includes a woman not been provided with enough money by her partner to
maintain herself and her children, which may comprise money for food, clothing, medicines etc.
and not allowing a woman to take up an employment. Forcing her out of the house where she
lives and not providing her rent, in case of a rented share hold also amounts to abuse. Depriving
her of all or any economic or financial resources to which the person is entitled under the law or
custom, restricting the woman‟s access to the shared household. Disposing or alienating the
assets of the women whether movable or immovable, valuables, shares, securities, bonds and like
other property in which she may have an interest. However, seeking maintenance to unjustly
enrich one‟s self and that too without providing the alleged act of domestic violence is a gross
abuse of the process of law.

Duty of Courts while deciding cases under the Domestic Violence Act

In the case of Krishna Bhatacharjee vs. Sarathi Choudhury and Another, ( 2016 ) 2 SCC
705, the Apex Court while elucidating on the duty of courts while deciding complaints under
the Domestic Violence Act stated that:

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 It is the duty of the Court to scrutinise the facts from all angles whether a plea advanced
by the respondent to nullify the grievance of the aggrieved person is really legally sound
and correct.

 The principle “justice to the cause is equivalent to the salt of ocean” should be kept in
mind. The Court of Law is bound to uphold the truth which sparkles when justice is done.

 Before throwing a petition at the threshold, it is obligatory to see that the person
aggrieved under such a legislation is not faced with a situation of non-adjudication, for
the 2005 Act as we have stated is a beneficial as well as assertively affirmative enactment
for the realisation of the constitutional rights of women and to ensure that they do not
become victims of any kind of domestic violence.

Husband’s Obligation to maintain wife under the Domestic Violence Act

In a case taken up by the Supreme Court i.e. VimlabenAjitbhai Patel v. Vatslaben

Ashok bhai Patel and ors, (2008) 4 SCC 649, it was held that when it comes to maintenance of
wife under the Domestic Violence Act read with the Hindu Adoption and Maintenance Act, 1956
it is the personal obligation of the husband to maintain his wife. Property of mother-in-law can
neither be subject matter of attachment nor during the life time of husband can his personal
liability to maintain his wife be directed to be enforced against such property.

Application to the magistrate

An application regarding domestic violence can be presented to the magistrate seeking one or
more reliefs mentioned in sections by:

 The aggrieved person,

 Protection officer on behalf of aggrieved person

 Any other person on behalf of aggrieved person

Jurisdiction of court

The first-class magistrate court or metropolitan court shall be the competent court within the
local limits of which

 The aggrieved person permanently or temporary resides or carries on business or is

employed
 The respondent permanently or temporally resides or carries on business or is employed
or
 The cause of action arises.
Any order made under this Act shall be enforceable throughout India While disposing
application the magistrate shall take in to consideration any domestic incident report received
from the protection officer or service provider. The relief sought under this section includes the
issuance of order of payment or compensation or damages without prejudice to the right of such
person to institute suit for compensation or damages for injuries caused by the act of domestic

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violence. If the magistrate is satisfied that application prima facie discloses that the respondent is
committing or has committed an act of domestic violence or there is a likelihood of such
violence, he may grant following ex parte interim order against the respondent on the basis of
affidavit of the aggrieved person. Magistrate can issue different orders such as Protection order,
residence order, monetary relief, custody order or compensatory orders as per the circumstances
of the case.

In case of an earlier decree of compensation or damages passed by any other court, in favour
of aggrieved person, the amount if any paid shall be set off against the order of amount payable
under this act. The application to the magistrate shall be as nearly possible to the formats
prescribed under this Act and Rules. After receiving the application, the Magistrate shall fix the
date of first hearing within 3 days and the magistrate shall endeavour to dispose of every
application be within a period of 60 days of the first hearing. The notice of the date of hearing
shall be given by the magistrate to the protection officer who shall get it served to the
respondent. At any stage of the application, the magistrate may order, counselling of the
respondent or aggrieved person either singly or jointly with any member of service provider. The
magistrate may secure the service of suitable person preferably a woman including a person
engaged in the welfare of women for assisting the court in the discharge of its function. If the
circumstance of the case so warrants and if either party so desires the magistrate may conduct the
proceedings on camera.

In the case of Nasir Khan son of Shri Hazi Hasan Raja v. SmtRizwana Sheikh wife of
Shri Nasir Khan, 2018 3 RLW (Raj) 1842, It was held by the Hon‟ble Rajasthan High Court
that a victim of domestic violence cannot be compelled to invoke the jurisdiction of Family
Court for seeking the reliefs provided by the Act of 2005.

Different kinds of order issued by the Magistrate

Protection orders

After giving an opportunity to the aggrieved person and respondent of being heard and the
magistrate is satisfied that a prima facie case of domestic violence has taken place or is likely to
take place, pass a protection order in favour of the aggrieved person prohibiting the respondent
from the following acts such as committing any acts of domestic violence

 Aiding or abetting in the act of domestic violence

 Entering the place of employment of aggrieved person or if the person is child, its school
or any other places

 Attempting to communicate in any form including personal, oral or written, electronic or

telephonic contact

 Alienating any assets, operating bank account, bank locker held or enjoyed by both
parties jointly or singly by the respondent including her stridhan

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 Causing violence to the dependents, or other relative or any other person who give the
assistance to the aggrieved person or

 Committing any other acts specified by the protection officer

Residence orders

The magistrate being satisfied that a domestic violence has taken place, pass residence order-

 Restraining the respondent from dispossessing or in any manner disturbing the peaceful
possession of the shared household
 Directing the respondent to remove himself from the shared household
 Restraining the respondent or his relatives from entering any portion of the shared house
hold where the aggrieved person lives
 Restraining the respondent from alienating or disposing of the shared house hold or
encumbering it
 Restraining the respondent from renouncing his right in the shared household
 Directing the respondent to secure same level of alternate accommodation for the aggrieved
person as enjoyed by her or to pay rent for the same if the circumstances so require.

No order shall be made against women under this section. Magistrate may impose additional
condition and pass any other order to protect the safety of the aggrieved person or her child.
Magistrate is also empowered to order direction the concerned station house officer of the police
station to give protection to the aggrieved person to assist in implementing his order. Magistrate
may also impose on the respondent to direct stridhan or any other property or valuable security
she is entitled.

Monetary relief

The magistrate may direct the respondent to pay monetary relief to meet the expenses of the
aggrieved person and any child as a result of domestic violence and such relief include:

 Loss of earnings

 Medical expenses

 Loss caused due to destruction or removal or damage of any property

 Pass order as to maintenance for the aggrieved person as well as her children if any

Including the order under or in addition to an order of maintenance under section 125
criminal procedure code or any other law.

The quantum of relief shall be fair reasonable and consistent with the standard of living to
which the aggrieved person is accustomed to. Magistrate can order a lump sum amount also. On
failure of the respondent to make payment of this order, magistrate shall order employer or
debtor of the respondent to directly pay to the aggrieved person or to deposit in the court a
portion of the salary or wage due to the respondent. Magistrate can order a lump sum amount

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also. On failure of the respondent to make payment of this order, magistrate shall order employer
or debtor of the respondent to directly pay to the aggrieved person or to deposit in the court a
portion of the salary or wage due to the respondent.

Custody orders

Magistrate can grant temporary custody of any child or children to the aggrieved person
or to the person making application on her behalf and specify the arrangements for visit of such
child by the respondent. Magistrate can refuse the visit of such respondent in such case if it may
harmful to the interest of the child.

Compensation order

Magistrate may pass order directing the respondent to pay compensation to the petitioner
for injuries including mental torture and emotional distress caused by the acts of domestic
violence committed by the respondent.

Copies of orders passed by the magistrate shall be supplied free of cost to the parties
concerned and police officer and service provider

Any relief available under this Act may also be sought in any other legal proceedings
before a civil court, family court or criminal court and such relief may be sought in addition to
and along with relief sought for in suit, or legal proceeding before civil or criminal court.

Penalty for breach of protection order by respondent

Section 31 of the DV Act states that a breach of protection order, or of an interim

protection order, by the respondent shall be an offence under this Act and shall be punishable
with imprisonment of either description for a term which may extend to one year, or with fine
which may extend to twenty thousand rupees, or with both.

The offence under sub-section (1) shall as far as practicable be tried by the Magistrate
who had passed the order, the breach of which has been alleged to have been caused by the
accused.

While framing charges under sub-section (1), the Magistrates may also frame charges
under section 498A of the Indian Penal Code (45 of 1860) or any other provision of that Code or
the Dowry Prohibition Act, 1961 (28 of 1961), as the case may be, if the facts disclose the
commission of an offence under those provisions.

Retrospective application of the Domestic Violence Act

In the case of V.D. Bhanot Vs. Savita BhanotAIR 2012 SC 965, which upheld the
Delhi High Court‟s view that “even a wife who had shared a household before the Domestic
Violence Act came into force would be entitled to the protection of the Domestic Violence Act.

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Hence, the Domestic Violence Act entitles the aggrieved person to file an Application
under the Act even for the acts which have been committed prior to the commencement of
the Domestic Violence Act.

Evaluation

The Act, by and large, is a valuable piece of legislation. Its shortcomings do not, on final
analysis, blot out the immense benefit the Act could be to women. A good thing about the Act is
the fact that it deals with domestic violence regardless of the religion of the parties, as many a
time wrongs are perpetrated (ab)using the protection afforded by personal laws. It is thus secular
in outlook in protecting women‟s rights. It also does take up for consideration child sexual abuse,
though in a limited sense (male children being excluded from its purview), at a time when the
practice has become rampant. The authors further consider it desirable to extend the Act and
allow its application to male children who are also affected by domestic violence, considering
the nature of the practice, and recommend such an extension. While saying that the Act is
protected by Article 15(3) from being considered discriminatory, it would help to recollect that
this provision creates an exception in favour of women and children, and thus could be made use
of to justify the extension of the Act to male children as well. Indeed, it would seem logical to do
so.

It is, however, opined that it is too early to predict the usefulness of this legislations to its
target beneficiaries and the society as a whole. It needs to be seen whether the practicality of the
Act has been ensured by the legislature and also the responsibility of implementation lies in the
hands of the executive which will be the actual scale for measuring the effectiveness of this Act.

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