The Appellant-wife having being harassed since 2000 is entitled for protection orders and residence orders u/s 18 and 19 of the PWD, Act, 2005 along with the maintenance as allowed by the Trial Court u/s 20(d) of the PWD, Act, 2005. Apart from these reliefs, she is also entitled for compensation and damages for the injuries, including mental torture and emotional distress, caused by the acts of domestic violence committed by the Respondent-husband.
It must be kept in mind that resort of Domestic Violence Act cannot be done to enforce property rights. For enforcement of property rights, the parties are supposed to approach civil court. Resort to Domestic Violence Act can be done only where there is urgent requirement of wife to be maintained and provided residence when because of domestic violence, she had been rendered homeless and she had lost source of maintenance. Domestic Violence Act is not meant to enforce the legal rights of property, neither an interim order can be passed without first prima facie coming to conclusion that a domestic relationship existed between the parties and the applicant was an aggrieved person within the meaning of Section 2(a) of the Domestic Violence Act.
The concept of “continuing offence” gets attracted from the date of deprivation of stridhan, for neither the husband nor any other family members can have any right over the stridhan and they remain the custodians… Regard being had to the said concept of ”continuing offence” and the demands made, we are disposed to think that the application was not barred by limitation and the courts below as well as the High Court had fallen into a grave error by dismissing the application being barred by limitation.
Prevention of Women from Domestic Violence Act, 2005 – Section 2(q) – Ambit – Legislature never intended to exclude female relatives of husband or male partner from ambit of complaint that can be made under provisions of Domestic Violence Act, 2005 – No restrictive meaning has been given to expression “relative”, nor has said expression been specifically defined in Domestic Violence Act, 2005, to make it specific to males only
Protection of Woman from Domestic Violence Act, 2005—Section 18—Domestic violence—Protection order—Locus standi to maintain appeal—Till the time marital tie subsists and the party, at any point of time, had lived together, application or proceedings under Protection of Women from Domestic Violence Act can survive and are very much maintainable so as to grant necessary relief.
Domestic Violence Act 1995 Law of Newzealand- 2020 Edition Public Act 1995 No 86 Date of assent 15 December 1995 Commencement see section 1 Domestic Violence Act 1995: repealed, on 1 July 2019, by section […]
If any person with the motive of causing loss to any other person knowing that there is no cause of complaint under this Act, nevertheless makes a complaint, shall be punishable with imprisonment .
Section 23 in The Protection of Women from Domestic Violence Act, 2005 Power to grant interim and ex parte orders— (1) In any proceeding before him under this Act, the Magistrate may […]
The Judge may, in order to discover or to obtain proper proof of relevant facts, ask any question he pleases, in any form, at any time, of any witness, or of the parties, about any fact relevant or irrelevant; and may order the production of any document or thing; and neither the parties nor their agents shall be entitled to make any objection to any such question or order, nor, without the leave of the Court
the term “violence against women” means any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life.
Section 18 of the Domestic Violence Act relates to protection order. In terms of Section 18 of the Act, intention of the legislature is to provide more protection to woman. Section 20 of the Act empowers the court to order for monetary relief to the “aggrieved party”. When acts of domestic violence is alleged, before issuing notice, the court has to be prima facie satisfied that there have been instances of domestic violence.