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Domestic Violence Act (Simplified) Domestic Violence Act (Simplified)

Bronze medal Reporter Jaimini Nayak (Advocate) Posted 16 May 2020
Domestic Violence Act (Simplified)

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 the coming future. “Domestic Violence” has become buzz word amongst people and it’s been observed, that laymen have unnecessarily got scared of this act. This article is an attempt to make such common people understand the legal provisions of the Domestic violence Act (2005) in a lucid manner. 

What is the Domestic Violence Act?

This act was proposed in parliament in 2005, with an intention to protect women from any violent act at the 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.

  • To Protect Female from any Physical, verbal, emotional, or sexual assault/abuse.
  • To Provide Monetary relief or Compensation to the aggrieved Party
  • To Provide Legal Support to Aggrieved Party
  • To Issue Residence and Custody Order in favor of the Aggrieved Party.

What a Victim Should do to?

  • Raise her voice against any kind of abuse/assault.
  • Approach NGO or Police Station to file FIR
  • Contact Protection Officer and Register Domestic Incident Report (DIR)
  • District Magistrate can be approached directly to file an application
  • Appoint an advocate to fulfill legal proceedings on her behalf.

Relief Provided by Magistrate

An aggrieved person or her advocate can seek relief from a magistrate. Provided that before passing any order on such application the magistrate shall take into consideration any domestic incident report received by him from the protection officer or Police. The magistrate can issue the notice for following relief benefits to the aggrieved party.
Compensation for domestic injuries (Sec. 12)
Right to reside in Shared Household (Sec. 17)
Protection Order (Sec.18)
Residence Order (Sec.19)
This is a very simple act and any aggrieved party can make use of provisions of this act. An aggrieved party can approach any of the above-mentioned authorities or simply appoint a good Lawyer to seek her rights.

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