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.