Protection of Women from Domestic Violence Act, 2005

• 13 Nov 2023

Recently, the Supreme Court agreed to examine whether a transgender woman can claim maintenance under the Protection of Women from Domestic Violence Act, 2005.

About the Act

• It is basically meant to provide protection to a wife or female live-in partner from violence at the hands of the husband, a male live-in-partner, or his relatives.
• Domestic violence under the Act includes actual abuse or the threat of abuse, whether physical, sexual, verbal, emotional, or economic.
• Harassment by way of dowry demands is also covered under the definition of domestic violence.
• Any woman who alleges to have been subjected to any act of domestic violence by the offender or any person may file a complaint on her behalf.
• A child is also entitled to relief under the Act. The mother of such a child can make an application on behalf of her minor child (whether male or female).
• In cases where the mother makes an application to the court for herself, the children can also be added as co-applicants.
• However, no female relative of the husband or the male partner can file a complaint against the wife or the female partner.

Coverage

• The Act covers all women who may be mother, sister, wife, widow, or partners living in a shared household.
• The relationship may be in the nature of marriage or adoption.
• In addition, relationships with family members living together as a joint family are also included.

Remedies available under the Act

• Section 18 -Protection Order
• Section 19-Residence Order for residing at Matrimonial House
• Section 20 -Monetary Orders which includes maintenance for herself and her Children
• Section 21-Temporary Custody of Children
• Section 22-Compensation order for the damages caused to her

Protection Officers

• Under the Act, Protection Officers have been appointed by the Government to help the aggrieved woman in filing the case.
• They are to be attached to the Magistrates of the courts for the area notified for each protection officer.
• The Protection Officer facilitates the women to approach the court by providing legal aid and get appropriate relief from the courts
• Further, they execute the orders of the Court wherever necessary with the help of the police.
• Options are also available to the aggrieved person to file the petition before the Judicial Magistrate Court, or with the service provider, or at a nearby police station.