Protection frame of reference

Ans:  Section 23 deals with the grant of an ex parte order against the adult male person.

Ans: Section 22 deals with passing an order directing the respondent to pay compensation or damages for the injuries, including mental torture and emotional distress, caused by the acts of Domestic Violence committed by that respondent.

Ans: Section 21 deals with granting temporary custody of any child or children to the aggrieved person or the person making an application on her behalf. The Magistrate shall refuse to permit the adult male member to visit his children.

Ans: Section 20 deals with the payment of monetary relief to be granted to the aggrieved person.

Ans: Section 19 deals with passing a residence order i.e. directing the adult male person to remove himself from the shared household.

Ans: Section 18 deals with the prohibition of the adult male person from aiding or abetting or committing any act of domestic violence, entering the place of aggrieved person or aggrieved child, attempting to communicate with aggrieved person, alienating any asset, causing violence to dependents, other relatives or any other person who give the aggrieved person assistance from domestic violence and committing any other act as specified in the protection order.

Ans:  Rabindra Nath Sahu & Another Vs. Smt. Susila Sahu 2016 in which the high court of Orissa held that temporary residence does not include residence in a lodge or hostel or residence at a place only for the purpose of filing a domestic violence case and further observed that this temporary residence must be also be a continuing residence from the date of acquiring residence till the application under Section 12 is disposed of. 

Ans:  Sharad Kumar Pandey vs Mamta Pandey on 1 September, 2010 IN THE HIGH COURT OF DELHI AT NEW DELHI In the present case, the aggrieved person is residing with her sister and has filed the petition under Domestic Violence Act. It cannot be said that her residence with her sister was a fleeing residence or was a temporary residence acquired for lodging the complaint of domestic violence. Her sister‟s house is a place where she has taken shelter and temporarily resides. I, therefore, find that there is no force in this petition. 

Ans: Afia Rasheed Khan vs. Mazharuddin ali khan and ors on 3rd December,  2021 comes to rescue. Here the wife claimed that she has been living in Hyderabad with in laws and forced to travel to Mumbai where she claims that she was harrassed by the in laws as well as surveillance was put on her. Her counsel claims cause of action. Bombay High Court Held : Thus, averments in application suggest, that Applicant is well educated person; she is financially sound; her parents are in business. In consideration of her background it  is difficult to accept her contention or that she could not seek protection order at  Hyderabad. In other words, application in no way suggest or implies that she was  forced to leave the Hyderabad and or she was intending to reside in Mumbai. On the  contrary the chronology of the events do suggest, that the Applicant engineered the  cause of action with an intention to file case and confer jurisdiction.  Dismissed wife contenti...

Ans: After receiving an application from an aggrieved party, the Magistrate will fix the first date of hearing within three days of receiving the application and try to dispose of it within 60 days.

Ans: Procedure:  To present an application before a Magistrate , it is required to prepare an application in the prescribed form and include the particulars of the domestic violence, the relief sought and any interim or urgent relief needed. 

Ans: The relief may include protection orders, monetary reliefs, custody orders,  compensation orders and interim orders. It shows how a woman who is a victim of domestic violence can seek relief from the court against her husband and in-laws who have harassed her physically,  mentally and economically.

Ans: Section 12 of domestic violence act allows an aggrieved person or a protection officer or any other person on behalf of an aggrieved person to present an application to the Magistrate seeking one or more reliefs under this act.

Ans: A domestic violence complaint cannot be filed at a place where a woman is only casually visiting and proceedings must be instituted at her temporary or permanent residence under section 27 of the Domestic Violence Act, the Bombay High Court said. The court interpreted ’temporary residence’ to mean the place an aggrieved person has temporarily decided to make their home and not a lodge or a guest house, meant for short visits. The persons who is residing on rent will be his temporary residence.