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Domestic violence act

Page no : 2

Tajobsindia (Senior Partner )     08 November 2012

Originally posted by : wonder
  Till the protection orders are decided, is there no way that the accused can get the copy of either DIR or Medical Record ?

If yes then what are the ways ?
 


@ Bhaisahab !

As soon as a ld. Court's Notice is received by (proposed) arreyed respondent / accused person(s) in any nature of ld. Court's case any or all material documents (even before making an appearance by respondent / accused as the case may be) Certified Copies one can apply from jurisdiction ld. Court’s Certifying Agency by filling a Form and meeting the Copying fee(s) as per Rules and same rights of (proposed) arreyed respondent(s) / accused person(s)carries forward till final Order or Judgment or Decree in any nature of Court Cases and no ld. Court can denying one such legal rights.

There has never been a Bar that when Order (Interim or Final) comes then only other side or h/er legal pleader can apply for certified Copy of any or all material records of the ld. Court(s) in any nature of ld. Court case.

Re-read above para and make wise understanding of ld. Court's procedure and rights of (proposed) arreyed respondent / accused person(s) in any legal Case accordingly.

[Last reply]

@ Bhaisahab (again)

DIR copy is not served upon arrayed Respondent / husband. One is supposed to show vigilance by doing file inspection on regular occasions and also seek Certified Copy of DIR as and when filed to know the allegations check box she got checked and prepare defense accordingly. These are some of the beauty of Bharat Ratna Dream Violence Act and glad slowly you are discovering them one by one.

Meanwhile would you mind suppose if I suggest to you to use keyword "domestic Violence or DV Act or DV Interpretation" in the search box top right corner of this ASP.Net page and skim through all search result as in replies that shows up till date on domestic violence act discussions we had so that you gain knowledge and need not have to come on finding here basics of Dream Violence Act? May be is that all you said now …. I heard your whispers in internet
J

2 Like

wonder (fgh)     09 November 2012

i have not recvieved any dir from the court by post. i have only affidative and appliacation. is htis mean that dir has not been sumbitted by my opposition ? or it means i am supposed to take certified copy of dir from court as you mented in your reply above?

Atur Chatur (LAWYER ADVOCATE NOT REQD BECAUSE I FIGHT MYSELF PARTY-IN-PERSON (aturchatur@yahoo.com))     16 August 2014

@tajobsindia, pls suggest,

 

wife said this in complaint,

It is prayed that the Hon'ble court may taken cognizance of the complainant/Domestic Incident Report and pass all/any of the orders, as deemed necessary in the circumstances of the case

 

husband replied this in WS, is this OK,

It is most respectfully submitted that the contents of the prayer clause of the petition being bereft of merits and are wrong, false & hence denied. That the Domestic Incident Report (DIR) is vehemently objected & it is most respectfully submitted that if Domestic Violence committed u/S.12 of D.V. Act then report needs to be registered mentioning details of violence, date time witness explicitly in the application along with the medical report. Such pre-requisites have not been complied with. Complainant has neither presented any such report & further the DV Act complaint & DIR Report are SELF-CONTRADICTORY and presents vacillating stand by the complainant besides these being false, concocted, fabricated & baseless and respondent no.1 highlights those as prima facie evidence of fraud & malicious prosecution & thereby it’s VOID FOR VAGUENESS in the eyes of law hence not maintainable & hence liable to be dismissed with exemplary costs. In the light of the above facts & circumstances as mentioned in the above mentioned paras & as mentioned in the written statement of the respondent no. 1, the petitioner is not entitled to any relief from this Hon’ble court. PRAYER clause of the complaint is wrong hence denied. In view of the above mentioned facts and circumstances this honorable court is kindly requested to dismiss the present complaint with heavy cost.

sankar P (supervisor)     16 August 2014

@ Tajobsindia sir,

You are doing very good job for the victim like us...

By learning this,We have some knowledge about domestic violence, so we can take care about the things in future.

Many Thanks,

Regards,

Shankar.

Biswaranjan Panda (ADVOCATE)     19 January 2018

Under the PWDV Act, 2005 an aggrieved person  get the following reliefs/orders

  • Protection order u/s 18
  • Residence order u/s 19
  • Monetary relief u/s 20
  • Custody order u/s-21
  • Compensation order u/s-22
  • Ex-parte or interim order u/s-23

 

Protection order

  • This can also termed as stop violence order
  • Through this order the court can direct the other party to immediately stop the act of violence.
  •  In this order, the Magistrate can do the following:

-preventing the offender from entering the women place of employment and causing harassment.

  • can order the offender not to harm anyone who depends on the victim, her relatives and anyone else who has helped her.
  • order the offender not to commit or help commit domestic violence.

- can order the offender not to contact the victim personally or through e-mail, telephone or similar means

                -can order the offender not to do the following without her permission:

  • sell or give away their things
  • use their joint bank account, or
  • use their joint bank locker.

Even before making the final decision in a domestic violence case, the Magistrate can pass a 'protection order' if she is somewhat convinced that such violence has taken place or can take place in the near future

 

RESIDENCE ORDER

One of the orders that the Magistrate can pass in a domestic violence case is a 'residence order'. The residence order can include the following:

  • She can order the offender not to throw the victim out of their shared home.
  • She can order the offender to leave the shared home. Please note that she cannot order any female relatives of the offender to leave the house.
  • She can order the offender and his relatives not enter the victim's portion of the shared home.
  • She can order the offender not to sell, lease or mortgage the shared home.
  • She can order the offender not to leave the shared home without her permission.
  • She can order the offender to pay for or buy another house for the victim if need be.
  • In order to protect the victim and her children, the Magistrate can impose additional conditions in such residence orders.
  • Sometimes the Magistrate can order the offender to sign a bond with the court to ensure that he does not commit acts of domestic violence. The Magistrate can choose to require the offender to get sureties (other people who will take up responsibility for his behavior).

The Magistrate can ask the local police to help the victim implement a residence order.

The Magistrate can ask the local police to help the victim implement a residence order.If the victim does not have money, the Magistrate can order the offender to pay the rent and other payments in any type of residence order.The Magistrate can ask the local police to help the victim implement a protection order.The Magistrate can order the offender to give back her stridhan or other valuable security to the victim

  •  

Monetary relief u/s 20

To compensate the victim and her children for the injuries and losses they might have suffered as a result of domestic violence, the Magistrate can order the offender to pay for the following:

  • lost income (for example, if the victim did not receive salary because she was in hospital for a month when her husband hit her);
  • hospital bills and money for medicines;
  • damaged property or property which the offender has taken away from the victim;
  • child maintenance (note that the victim can claim maintenance under this Act even if she has filed a separate maintenance application under criminal law).

The Magistrate should fix the amount according to the standard of living that the victim is used to.The Magistrate can order monthly or lump-sum maintenance.Copies of such orders have to be sent to the parties in the case and to local police station.The offender has to pay money to the victim within the specific time period according to the Magistrate's order.Say the offender does not make the payments, the Magistrate can direct the person who employs the offender or who owes money to the offender to pay the court directly. This will be adjusted against the money that has to be paid by the offender.

 

Custody order u/s-21

Under this law, the Magistrate has the power to pass a temporary custody order at any stage during the case. She can grant custody of the children to the victim or any person filing the case for her.She can also allow the offender to visit the children. She can choose to refuse such visits if a visit by the offender can hurt the children.

 

Compensation order u/s-22

 

The Magistrate can pass another type of order for payment of money - compensatory orders. The Magistrate passes such orders to compensate the victim for mental torture and emotional distress.

 

Ex-parte or interim order u/s-23

 

Given the nature of domestic violence cases, the law allows the Magistrate to pass temporary orders (before the final order is passed) or orders in the absence of the offender (if there is an immediate threat of violence).

 

Biswaranjan Panda (ADVOCATE)     19 January 2018

NEED OF THE ACT

  • THE PROTECTION OF DOMESTICVIOLENCE ACT” was introduced and cameinto force in 2005. It guarantees article14,15, and 21 of the Indian Constitution
  • This law recognizes the right of women to live in violence free home and provided legal remedies if this right is violated
  • Legal remedies pertain to civil relief such as injunction, compensation and monetary relief.
  • There can be no arrest made on complaint filed under this law
  • This is a civil law aimed at providing immediate support to women facing domestic violence.
  • It is different from criminal law, which is directed at providing punishment to perpetrators of violence (those who commit violence) through imprisonment or fines
  • This law also is a victim oriented .
  • This is a special law focused on victims and giving them relief from domestic violence. You can file an application under this law. This does not stop you from seeking other civil or criminal action against the offenders.

 

Biswaranjan Panda (ADVOCATE)     10 April 2018

A magistrate, when petitioned under Section 12 (1) of the Act is not obliged to call for and consider the Domestic Inquiry Report (DIR) .

.magistrate has to take into consideration the domestic incident report received from him by Protection Officer or Service Provider.

.Magistrate shall determine as to whether the petitioner is an aggrieved person within the definition of Section 2(a) of the Act.(ii) Thereafter, he shall call for a Domestic IncidentReport


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