OBJECTS AND REASONS
Domestic violence is a violence of human right within
It is a law to protect the women from being victims of
domestic violence and to prevent the occurrence of
domestic violence in the society.
Its cover those women who are or have been in a
relationship with the abuser where both parties have lived
together in a shared household and are related by
consanguinity, marriage or through a relationship in
the nature of marriage or adoption.
In addition, relationships with family members living
together as a joint family are also included. Even those
women who are sisters, widows, mothers, single
women, or living with the abuser are entitled to legal
protection under the proposed legislation.
This law enables the wife or the female living in a
relationship in the nature of marriage to file a
complaint under the proposed enactment against any
relative of the husband or the male partner, but it
does not enable any female relative of the husband or
the make partner to file a complaint against the wife or
the female partner.
Forced sexual intercourse;
Forced to watch pornography or other obscene
Forcibly using you to entertain others;
Any act of sexual nature to abuse, humiliate or
degrade you, or which is otherwise violation of your
dignity or any other unwelcome conduct of sexual ;
Child sexual abuse.
Accusations on your character or conduct etc;
Insults for not having male child or any child;
Insults for not bringing dowry;
Demeaning, humiliating, or undermining
Preventing you or a child in your custody from attending
school, college or any other educational institution;
Preventing you from taking up a job;
Forcing you to leave your job;
Preventing you from meeting any person in the normal course
Forcing you to get married when you do not want to marry;
Preventing you from marrying a person of your own choice;
Forcing you to marry a particular person of his/their own
Threat to commit suicide;
Any other verbal or emotional abuse.
Not providing you money for maintaining you or your
Not providing food, clothes, medicines etc, for you or
Not allowing/stopping or disturbing you from carrying on
Forcibly taking away your salary, income or wages etc.;
Forcing you out of the house you live in;
Preventing you from accessing or using any part of the
Not allowing use of clothes, articles or things of general
Not paying rent if staying in a rented accommodation,
electric bill, etc.;
Selling or disposing or pawing your stridhan or any
valuables without your consent;
Any other economic violence.
Violence Against the Child(below
18 yrs, both Girls & Boys)
Prohibit the respondent from(a) committing any act of domestic violence;
(b) aiding or abetting in the commission of acts of
(c) entering the place of employment of the aggrieved
person or, if the person aggrieved is a child, its school or
any other place frequented by the aggrieved person;
(d) attempting to communicate in any form with the
aggrieved person, viz. personal, oral or written or
electronic or telephonic contact;
(e) alienating any assets, operating bank lockers or
bank accounts used or held or enjoyed by both the parties,
jointly by the aggrieved person and the respondent or
singly by the respondent, including her stridhan or any
other property held either jointly by the parties or
separately by them without the leave of the Magistrate;
(f) causing violence to the dependents, other
relatives or any person who give the aggrieved person
assistance from domestic violence;
(g) committing any other act as specified in the
(a) restraining the respondent from dispossessing or
disturbing the possession of the aggrieved person from the
shared household, whether or not the respondent has a
legal or equitable interest in the shared household;
(b) directing the respondent to remove* himself from
the shared household;
* Provided that no order under clause(b) shall be passed against any person who
is a women.
(c) restraining the respondent or any of his relatives
from entering any portion of the shared household in
which the aggrieved person resides;
(d) restraining the respondent from alienating or
disposing off the shared household or encumbering the
(e) restraining the respondent from renouncing his
rights in the shared household except with the leave of the
(f) directing the responding to secure same level of
alternate accommodation for the aggrieved person as
enjoyed by her in the shared household or to pay rent for
the same, if the circumstances so require.
Monetary reliefs:- The expenses incurred and losses
suffered including(a) loss of earning,
(b) medical expenses,
(c) loss of property, and
(d) maintenance of the aggrieved person and her
children including maintenance under Section 125 of
Code of Criminal Procedure,1973 or any other law time
being in force.
RELIEF IN OTHER SUITS
AND LEGAL PROCEEDINGS
Any relief available under this act may sought in any legal
proceeding, before a civil Court, family Court or a
In case any relief has been obtained by the aggrieved
person in any proceedings other than a proceeding under
this Act, she shall be bound to inform the Magistrate of
the grant of such relief.
POWER AND DUTIES OF PROTECTION
OFFICERS, SERVICE PROVIDERS, etc.
Information to Protection Officer and exclusion of liability
of informant:(a) Any person may give information about domestic
violence to the concerned Protection Officer.
(b) No liability, civil or criminal, to any person for
giving information in good faith.
Duties of Police officers, Service providers and Magistrate:-
(a) to inform the aggrieved person of her right to make an
application for the relief;
(b) the availability of the services of service provider and
(c) of her right to free legal services under the Legal
Services Authorities Act,1987;
(d) of her right to file a complaint under section 498-A of
the Indian Penal Code, 1860, wherever relevant.
Duties of Shelter Home:-
The person in charge of a shelter home shall be bound
to provide shelter to the aggrieved person on being
requested by the aggrieved person or on her behalf by a
Protection Officer or a service provider.
Duties of Medical Facilities:The person in charge of the medical facility shall be
bound to provide medical aid to the aggrieved person if
requested by her or on her behalf a Protection Officer or a
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.