In this post we cover the few basic frequently asked questions (FAQ) on the topic of domestic violence encompassing the territories of Chandigarh Panchkula Mohali and nearby regions. The mandate of the act is to protect domestic abuse of women in the hands of husband and his family in shared household. The law safeguards the rights of women in that case.
But you can avail relief only when you know about it. Here is exactly the post you were looking for on the topic of domestic violence.
What can be termed as domestic violence?
Ans. Any harm or injury, whether mental or physical and also includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse, with a view to coerce or to meet any unlawful demand.
why is the need of the DV Act?
Ans. The need to make the DV Act was felt because of the fact that a variety of crimes against the women or men whether married or unmarried were not covered under the I.P.C. Therefore the protection of domestic violence act was introduced and came into force in 2005.
Where or to whom the information relating to DV be given?
Ans. Any person who has reason to believe that an act of domestic violence has been, or is being, or is likely to be committed, may give information about it to the concerned Protection Officer.
Difference between 498A and Domestic violence?
Ans. Section 498 A is incorporated under Indian Penal Code for an offence in relation to “cruelty and demand for dowry”. If anybody practices cruelty, or demands the dowry, the person would be accountable to be prosecuted criminally for an offence under Section 498 A.
Domestic Violence: The Parliament enacted the Act of 2005 so that the “victim” can approach the Magistrate with an application complaining of Domestic Violence. Victim can ask for various reliefs mentioned in the provision. The reliefs can be like maintenance, shelter, custody of child etc. Court may pass sentence as well.
Which court has the jurisdiction to try a case under the DV Act?
Ans. The first class magistrate court or metropolitan court shall be the competent court within the local limits of which
- The aggrieved person permanently or temporary resides or carries on business or is employed
- The respondent permanently or temporally resides or carries on business or is employed or
- The cause of action arises.
How to approach a magistrate ?
Ans. An application regarding domestic violence can be presented to the magistrate seeking one or more reliefs mentioned in sections by:
- The aggrieved person,
- Protection officer on behalf of aggrieved person
- Any other person on behalf of aggrieved person
who is a victim under the domestic violence act?
Ans. Every women or a child or a child who is or has been in a domestic relationship with the perpetrator of the domestic violence can take help of the PWDV ACT, 2005.
What is a shared household?
A household where the victim lives or at any stage of time, have lived with in a domestic relationship either singly or along with anyone and includes such households whether owned, tenanted either jointly by the victim or the accused.
what is the scope of PWDV Act, 2005?
Ans. Any aggrieved person can seek protection from any act of domestic violence, residence orders(right to reside), monetary reliefs, custody orders. Compensation orders and interim and ex-parte orders.
What is the punishment?
Ans.There are various regulations or provisions being made for protection of women against domestic violence under the statute such as Sec.304B of IPC pertaining to dowry death.
Under section 313-316 of IPC female infanticide has been made punishable which means forcefully terminating the pregnancy of a women.
Other sections of IPC dealing with these issues are section 305-306 related to abetment of suicide and 340,349 of IPC respectively wrongful confinement and wrongful restraint.
A complaint can also be filed under section 498A of IPC for cruelty which also falls under domestic violence.
Are there any kind of medical assistance available to the victims of domestic violence ?
Ans.If an aggrieved person or, on her behalf a Protection Officer or a service provider requests the person in charge of a medical facility to provide any medical aid to her, such person in charge of the medical facility shall provide medical aid to the aggrieved person in the medical facility.
what are the duties of shelter home?
Ans. If an aggrieved person or on her behalf a Protection Officer or a service provider requests the person in charge of a shelter home to provide shelter to her, such person in charge of the shelter home shall provide shelter to the aggrieved person in the shelter home.
where does an appeal lie if the victim is still aggrieved?
Ans.There shall lie an appeal to the Court of Session within thirty days from the date on which the order made by the Magistrate is served on the aggrieved person or the respondent, as the case may be, whichever is later.
what is the penalty for the breach of protection order?
Ans.A breach of protection order, or of an interim protection order, by the respondent shall be an offence under this Act and shall be punishable with imprisonment of either description for a term which may extend to one year, or with fine which may extend to twenty thousand rupees, or with both.
(2) The offence under sub-section (1) shall as far as practicable be tried by the Magistrate who had passed the order, the breach of which has been alleged to have been caused by the accused.
(3) While framing charges under sub-section (1), the Magistrates may also frame charges under section 498A of the Indian Penal Code (45 of 1860) or any other provision of that Code or the Dowry Prohibition Act, 1961 (28 of 1961), as the case may be, if the facts disclose the commission of an offence under those provisions.
what are the duties of the state government?
Ans. State government officers including the police officers and the members of the judicial services are given periodic sensitization and awareness training on issues of Domestic violence.
Effective co ordination between the services provided by the concerned ministries and departments dealing with law, home affairs including law and order, health and human resources to address issues of domestic violence is established and periodical review of the same is conducted.
Rest, get in touch with the best/top/expert Domestic Violence Lawyer/Advocate for your case related free legal advice practicing in Chandigarh Panchkula Mohali.
For more info on subject, dial 99888-17966.