DOMESTIC VIOLENCE
The Protection from Domestic Violence Act 2005 has been come into force which is only for the women who has been married, living in A relationship.
Sec 2 (a) of the act define “aggrieved person” means any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent;
Scope of the Domestic Violence Act
The object of the Act is protection of women from violence inflicted by a man and/or a woman. It is a progressive Act, whose sole intention is to protect the women irrespective of the relationship she shares with the accused. The definition of an aggrieved person under the Act is so wide that it takes within its purview even women who are living with their Partners in a live in relationship.
COMPLAINT TO MAGISTRATE
An aggrieved person or by someone else on her behalf a complaint u/s 12 Domestic violence act may filed before the Mahila court. An protection officer shall be appointed by the Hon’ble magistrate u/s 2a.
section 2a Dv Act: A Protection Officer on the basis of complaint received from the aggrieved shall be conducting these primary objectives, as defined in the Gazette of India:
Shall inform the aggrieved person :
Of her right to make an application for obtaining a relief by way of a protection order, an order for monetary relief, a custody order, a residence order. a compensation order or more than one such order under this Act;
of the availability of services of the other service providers,
the availability of services of the Protection Officers;
Duty of the protection officer:
It shall be the duty of the Protection Officer-
- to assist the Magistrate in the discharge of his functions under this Act;
- to make a domestic incident report to the Magistrate, in such form and in such manner as may be prescribed, upon receipt of a complaint of domestic violence and forward copies thereof to the police officer in charge of the police station within the local limits of whose jurisdiction domestic violence is alleged to have been committed and to the service providers in that area;
- to make an application in such form and in such manner as may be prescribed to the Magistrate, if the aggrieved person so desires, claiming relief for issuance of a protection order;
- to ensure that the aggrieved person is provided legal aid under the Legal Services Authorities Act, 1987 (39 of 1987) and make available free of cost the prescribed form in which a complaint is to be made;
to maintain a list of all service providers providing legal aid or counselling, shelter homes and medical facilities in a local area within the jurisdiction of the Magistrate;
- to make available a safe shelter home, if the aggrieved person so requires and forward a copy of his report of having lodged the aggrieved person in a shelter home to the police station and the Magistrate having jurisdiction in the area where the shelter home is situated;
- to get the aggrieved person medically examined, if she has sustained bodily injuries and forward a copy of the medical report to the police station and the Magistrate having jurisdiction in the area where the domestic violence is alleged to have been taken place;
- to ensure that the order for monetary relief under section 20 is complied with and executed, in accordance with the procedure prescribed under the Code of Criminal Procedure, 1973 (2 of 1974);
(1) to perform such other duties as may be prescribed.
(2) The Protection Officer shall be under the control and supervision of the Magistrate, and shall perform the duties imposed on him by the Magistrate and the Government by, or under, this Act
Monatery relief:
The aggrieved person may also ask for the monetary relief from the respondent u/s 23 of the act.
Protection of Women under the Domestic Violence Act, 2005
The Protection of Women from Domestic Violence Act, 2005 (PWDVA) is a landmark legislation aimed at safeguarding women from domestic violence. The Act ensures protection for women who are married or in a live-in relationship, guaranteeing their rights, safety, and dignity.
For legal assistance and representation, Advocate Anil is one of the best domestic violence lawyers in Delhi, specializing in handling domestic violence cases with expertise and compassion.
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Definition of “Aggrieved Person” (Section 2(a))
As per Section 2(a) of the Act, an “aggrieved person” refers to any woman who:
- Is or has been in a domestic relationship with the respondent; and
- Alleges to have been subjected to any act of domestic violence by the respondent.
This definition includes women in marital relationships as well as those in live-in relationships, providing them legal remedies against abuse.
Scope of the Domestic Violence Act
The Act is progressive and aims to protect women from violence inflicted by a man and/or woman. The scope extends to:
- Married Women
- Women in Live-in Relationships
- Women in Other Domestic Relationships
This ensures that any woman, irrespective of her domestic arrangement, can seek legal relief.
For those seeking legal help in such matters, Lawyer Anil is renowned as the best advocate for domestic violence cases in Delhi.
Filing a Complaint – Section 12
An aggrieved woman, or someone acting on her behalf, can file a complaint under Section 12 of the Domestic Violence Act before the Mahila Court (Magistrate).
With expert guidance from a Domestic Violence lawyer in Delhi, such as Advocate Anil, the process can be streamlined to ensure immediate relief and protection.
Role and Duties of the Protection Officer (Section 2(a))
The Protection Officer plays a key role in implementing the Act, including:
- Informing the aggrieved person of her rights (Protection Order, Monetary Relief, Residence, Custody, Compensation).
- Assisting the Magistrate and filing necessary reports.
- Ensuring access to legal aid, shelter homes, and medical examination.
- Ensuring compliance with monetary relief orders under Section 20.
Monetary Relief (Section 23)
Under Section 23, the aggrieved woman can claim monetary relief to cover:
- Loss of earnings
- Medical expenses
- Maintenance for herself and her children
- Compensation for physical, emotional, or mental harm
The Magistrate ensures the execution of monetary orders effectively.
Need Legal Assistance?
If you or someone you know is a victim of domestic violence, immediate legal action is crucial. Advocate Anil is a trusted lawyer for domestic violence cases in Delhi, known for his experience, dedication, and success in securing justice for aggrieved women.
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Why Choose Advocate Anil?
- Best Domestic Violence Lawyer in Delhi with proven expertise.
- Compassionate and result-oriented legal representation.
- Years of experience in handling sensitive domestic violence cases.
- Personalized approach to ensure women’s safety and legal relief.
Take Action Today
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