The court reserves the right to pass any orders/reliefs /remedies for the survivor under the DV Act. The counsellor must inform the survivor of the services that can be availed by her under the Act, like the services of a PO, Counsellor, police, or a free legal aid to facilitate the process of getting relief orders from the magistrate. The counsellor is also mandated by law to inform the survivor of her right to make an application for obtaining relief by way of a protection order, an order for monetary relief, a temporary custody of children order, a residence order, a compensation order or more than one such order.
Section 17 of the DV Act provides the right to reside in the shared household regardless of ownership. She cannot be evicted or excluded from the house by the respondent. Additionally, she/her PO/ any other person on behalf of her can present an application to the magistrate seeking a relief order in the form of a residence order.
In the above question, if the husband’s brother’s house is her matrimonial home then she cannot be evicted, but if she has just visited that place, then the Court will decide on the merits of the case.
If the order for maintenance has not been appreciated by the respondents then she herself/ her PO/ her lawyer can file an application for the execution of her maintenance order with the magistrate. If her PO is not following up or helping, then this can also be reported to the court and the court will report the matter to State Government to take the necessary steps against the PO for dereliction of duty as per Section 33 of the DV Act.
Under DV Act, the Magistrate can neither pass any judgment on property rights of the woman nor can the survivor claim her property rights under this Act. If the survivor has any apprehension that her father may sell the property, then under DV Act, she can seek injunction orders against her father.
Yes, people living with psychosocial disabilities have the same rights as everyone else under the DV Act, so they must have access to all the same services. However, they may be experiencing unique stressors and challenges for which they must be referred to the counselor, who will be required to provide the required psychological support. It is of paramount importance to ensure that the counsellor creates a safe, validating and survivor friendly environment for the survivors, as their mental distress may have very likely been aggravated by, or caused by the abuse they have experienced.
These rules are normally made by the shelters themselves. On an average, women can stay at shelters for a minimum of 3 months, and there is no maximum limit. At some shelters, women can live for years, depending on the shelter’s policy and the woman’s situation. No specifications of any time limits on shelter stays have been released due to COVID-19. However, many shelters may be overburdened and understaffed. In case the survivor is turned away, she can approach the police/PO/WCD Department and explain why shelter is necessary. Shelters cannot refuse any referral from Protection Officer as per the provisions of the Domestic Violence Act.
The survivor can file Form 2 which is an application and Form 3 is her affidavit under the Act herself, as those forms need only her signatures. However, these forms are very objective, so it is recommended that she write an application with all details of the violence faced by her, and attach it with these forms. These can collectively be submitted to the magistrate on her own.
Only if a DIR has been filed by the PO before she does this, will she need the PO’s signature on these forms as well.
In cases of abuse, under the DV Act a woman can seek alternate accommodation for herself or the Magistrate can direct the husband to make provision for rent of the house. She can also take shelter at a safe shelter home through her PO or through a service provider. Additionally,
she can also make an application to the magistrate for any relevant relief orders, such as a protection order, or a maintenance order.
A woman experiencing violence within an extra-dyadic affair (bigamous marriage, fraudulent marriage, live in relationship) too is covered under the DV Act and she can claim all the reliefs under the Act. It may also be noted that such matters are decided on case to case basis or on merits
In case you are turned away, you can approach the police/PO/WCD Department and explain why shelter is necessary. Shelters cannot refuse the direction of the PO/WCD officials.
The survivor must be informed of the fact that abuse can manifest in different forms, not just as beatings or verbal insults. In this case it is important to make her understand that not allowing her to work at home or not treating her as his wife is a form of emotional abuse and violating her right to dignity. Also inform her that she can directly approach the Court without a DIR, however the Magistrate may direct the PO to fill the DIR, if necessary.
The various forms of abuse covered under the DV Act must be explained to her, while taking great care to ensure she isn’t re-traumatized or overwhelmed during the process. Since relief orders under the act can only be processed by the magistrate, the survivor must also be informed in detail about the rights, provisions, and relief mechanisms available to her under the Act.
The woman will have to file an application for a contested divorce at a family court if her husband is refusing mutual consent divorce. If the grounds of divorce are of serious nature and there is evidence to substantiate the same, the family Court/ district Court will grant divorce. However, in case of abuse, it is always highly recommended to use the DV Act as the provisions under the act will help the woman. If the husband is providing nothing for her maintenance, under the DV Act she can seek monetary relief and get it executed by the PO/police.
Yes, a recent SC ruling allows for the filing of a complaint by a woman against another woman under the DV Act.
Whenever there is a breach of order, then a complaint can be filed under Section 31 of the Act. The punishment for this is one year imprisonment and Rs 20,000 fine.
No, no amendments have been made to the DV Act yet.
II- ‘Forming a Legal Response’ organised on May 19, 2020
Facilitated by Advocate, human rights lawyer, researcher and a national trainer Ujwala Kadrekar
In such a case, both the parents will have to sign an undertaking stating that they do want to keep the child with them. Once this is done, the case will be referred to Child Welfare Committee (CWC) under the Juvenile Justice Act as the child will be qualified as a child in need of care and protection. The CWC will take decision in the best interest and welfare of the child.
The OSC does not have the authority to call the respondent through the police. It is recommended that the OSC do not do anything beyond sending a letter to the respondent. If required, these letters can be sent using a variety of modes, such as an image on whatsapp, email, RPAD, courier, to make sure it has reached the respondent and proper procedure has been followed. Since all these letters sent are preserved on record, that is all the OSC can do. What is important to focus on is whether this is being used as a delay or avoidance tactic by the respondent. In such a case, the survivor must be made aware of all the relief orders available to her under the DV Act, so she isn’t deprived of the information of her rights in the meantime. The record of letters which were not answered by the respondent will help her case here, and a court directive will also compel the respondent to turn up.
The FIR will have been filed under Section 498A of the IPC. This does not interfere with the DV Act in any way. She can file for relief orders such as a residence, protection, monetary relief order under the Act despite a pending application for maintenance. If the maintenance order is not passed, then she can claim a monetary order. Most importantly, she does not need to file this as a separate case. It can be filed at the same family court where the husband has filed for divorce or in the Magistrate Court where her 498 A case is pending. This Act guarantees single window clearance, as relief can be sought in one court itself instead of litigating in different courts.
Under Section 14 of the DV Act, at any stage of proceedings, the survivor has the opportunity to make an application to the court saying she needs counselling to reconcile. However, if the survivor wants to withdraw the criminal case, she will need to approach the high court to quash the proceedings initiated by the FIR.
The age of the child matters in such cases. Usually, if the child is 8+, the court will consult with the child on who they would like to stay with. If the mother is hesitant, the court can try to work with the limitations of the mother and explore ways in which they can be overcome, such as working to find out if she needs support for childcare etc. However, no one can force the mother to keep the child. Since here the father is willing to keep the son, counselling can be given to the child to explain his mother’s limitations and access to his mother can be negotiated.
The DIR is filed for all 4 types of abuse covered under the DV Act- physical, sexual, verbal & emotional, and economic. Since domestic violence cases usually involve one or all of these, is it crucial for a DIR to be filled as it is the most important record of an incident of violence against women. Moreover, DIR also records the assistance claimed by her in availing services of Counsellor, legal, aid, police and also the various reliefs such as Protection, residence, maintenance, temporary custody of children and compensation orders.
It is important to clarify that DIRs are filled by protection officers and not judicial officers. In case of a poorly filled DIR, the survivor can write down her own application detailing all the incidents of violence and attach it to the DIR. This will make up for the poorly filed DIR, and serve as a record in case she decides to use the DV Act in the future.
An OSC cannot help with property dispute cases. They’re purely civil matters. At best, a reference can be made to Legal Services Authority for free legal aid.
Protection of Women from Domestic Violence Act, 2005
Training FAQs
Facilitated by Advocate, human rights lawyer, researcher and a national trainer Ujwala Kadrekar
The court reserves the right to pass any orders/reliefs /remedies for the survivor under the DV Act. The counsellor must inform the survivor of the services that can be availed by her under the Act, like the services of a PO, Counsellor, police, or a free legal aid to facilitate the process of getting relief orders from the magistrate. The counsellor is also mandated by law to inform the survivor of her right to make an application for obtaining relief by way of a protection order, an order for monetary relief, a temporary custody of children order, a residence order, a compensation order or more than one such order.
Section 17 of the DV Act provides the right to reside in the shared household regardless of ownership. She cannot be evicted or excluded from the house by the respondent. Additionally, she/her PO/ any other person on behalf of her can present an application to the magistrate seeking a relief order in the form of a residence order.
In the above question, if the husband’s brother’s house is her matrimonial home then she cannot be evicted, but if she has just visited that place, then the Court will decide on the merits of the case.
If the order for maintenance has not been appreciated by the respondents then she herself/ her PO/ her lawyer can file an application for the execution of her maintenance order with the magistrate. If her PO is not following up or helping, then this can also be reported to the court and the court will report the matter to State Government to take the necessary steps against the PO for dereliction of duty as per Section 33 of the DV Act.
Under DV Act, the Magistrate can neither pass any judgment on property rights of the woman nor can the survivor claim her property rights under this Act. If the survivor has any apprehension that her father may sell the property, then under DV Act, she can seek injunction orders against her father.
Yes, people living with psychosocial disabilities have the same rights as everyone else under the DV Act, so they must have access to all the same services. However, they may be experiencing unique stressors and challenges for which they must be referred to the counselor, who will be required to provide the required psychological support. It is of paramount importance to ensure that the counsellor creates a safe, validating and survivor friendly environment for the survivors, as their mental distress may have very likely been aggravated by, or caused by the abuse they have experienced.
These rules are normally made by the shelters themselves. On an average, women can stay at shelters for a minimum of 3 months, and there is no maximum limit. At some shelters, women can live for years, depending on the shelter’s policy and the woman’s situation. No specifications of any time limits on shelter stays have been released due to COVID-19. However, many shelters may be overburdened and understaffed. In case the survivor is turned away, she can approach the police/PO/WCD Department and explain why shelter is necessary. Shelters cannot refuse any referral from Protection Officer as per the provisions of the Domestic Violence Act.
The survivor can file Form 2 which is an application and Form 3 is her affidavit under the Act herself, as those forms need only her signatures. However, these forms are very objective, so it is recommended that she write an application with all details of the violence faced by her, and attach it with these forms. These can collectively be submitted to the magistrate on her own.
Only if a DIR has been filed by the PO before she does this, will she need the PO’s signature on these forms as well.
In cases of abuse, under the DV Act a woman can seek alternate accommodation for herself or the Magistrate can direct the husband to make provision for rent of the house. She can also take shelter at a safe shelter home through her PO or through a service provider. Additionally,
she can also make an application to the magistrate for any relevant relief orders, such as a protection order, or a maintenance order.
A woman experiencing violence within an extra-dyadic affair (bigamous marriage, fraudulent marriage, live in relationship) too is covered under the DV Act and she can claim all the reliefs under the Act. It may also be noted that such matters are decided on case to case basis or on merits
In case you are turned away, you can approach the police/PO/WCD Department and explain why shelter is necessary. Shelters cannot refuse the direction of the PO/WCD officials.
The survivor must be informed of the fact that abuse can manifest in different forms, not just as beatings or verbal insults. In this case it is important to make her understand that not allowing her to work at home or not treating her as his wife is a form of emotional abuse and violating her right to dignity. Also inform her that she can directly approach the Court without a DIR, however the Magistrate may direct the PO to fill the DIR, if necessary.
The various forms of abuse covered under the DV Act must be explained to her, while taking great care to ensure she isn’t re-traumatized or overwhelmed during the process. Since relief orders under the act can only be processed by the magistrate, the survivor must also be informed in detail about the rights, provisions, and relief mechanisms available to her under the Act.
The woman will have to file an application for a contested divorce at a family court if her husband is refusing mutual consent divorce. If the grounds of divorce are of serious nature and there is evidence to substantiate the same, the family Court/ district Court will grant divorce. However, in case of abuse, it is always highly recommended to use the DV Act as the provisions under the act will help the woman. If the husband is providing nothing for her maintenance, under the DV Act she can seek monetary relief and get it executed by the PO/police.
Yes, a recent SC ruling allows for the filing of a complaint by a woman against another woman under the DV Act.
Whenever there is a breach of order, then a complaint can be filed under Section 31 of the Act. The punishment for this is one year imprisonment and Rs 20,000 fine.
No, no amendments have been made to the DV Act yet.
II- ‘Forming a Legal Response’ organised on May 19, 2020
Facilitated by Advocate, human rights lawyer, researcher and a national trainer Ujwala Kadrekar
In such a case, both the parents will have to sign an undertaking stating that they do want to keep the child with them. Once this is done, the case will be referred to Child Welfare Committee (CWC) under the Juvenile Justice Act as the child will be qualified as a child in need of care and protection. The CWC will take decision in the best interest and welfare of the child.
The OSC does not have the authority to call the respondent through the police. It is recommended that the OSC do not do anything beyond sending a letter to the respondent. If required, these letters can be sent using a variety of modes, such as an image on whatsapp, email, RPAD, courier, to make sure it has reached the respondent and proper procedure has been followed. Since all these letters sent are preserved on record, that is all the OSC can do. What is important to focus on is whether this is being used as a delay or avoidance tactic by the respondent. In such a case, the survivor must be made aware of all the relief orders available to her under the DV Act, so she isn’t deprived of the information of her rights in the meantime. The record of letters which were not answered by the respondent will help her case here, and a court directive will also compel the respondent to turn up.
The FIR will have been filed under Section 498A of the IPC. This does not interfere with the DV Act in any way. She can file for relief orders such as a residence, protection, monetary relief order under the Act despite a pending application for maintenance. If the maintenance order is not passed, then she can claim a monetary order. Most importantly, she does not need to file this as a separate case. It can be filed at the same family court where the husband has filed for divorce or in the Magistrate Court where her 498 A case is pending. This Act guarantees single window clearance, as relief can be sought in one court itself instead of litigating in different courts
Under Section 14 of the DV Act, at any stage of proceedings, the survivor has the opportunity to make an application to the court saying she needs counselling to reconcile. However, if the survivor wants to withdraw the criminal case, she will need to approach the high court to quash the proceedings initiated by the FIR.
The age of the child matters in such cases. Usually, if the child is 8+, the court will consult with the child on who they would like to stay with. If the mother is hesitant, the court can try to work with the limitations of the mother and explore ways in which they can be overcome, such as working to find out if she needs support for childcare etc. However, no one can force the mother to keep the child. Since here the father is willing to keep the son, counselling can be given to the child to explain his mother’s limitations and access to his mother can be negotiated.
The DIR is filed for all 4 types of abuse covered under the DV Act- physical, sexual, verbal & emotional, and economic. Since domestic violence cases usually involve one or all of these, is it crucial for a DIR to be filled as it is the most important record of an incident of violence against women. Moreover, DIR also records the assistance claimed by her in availing services of Counsellor, legal, aid, police and also the various reliefs such as Protection, residence, maintenance, temporary custody of children and compensation orders.
It is important to clarify that DIRs are filled by protection officers and not judicial officers. In case of a poorly filled DIR, the survivor can write down her own application detailing all the incidents of violence and attach it to the DIR. This will make up for the poorly filed DIR, and serve as a record in case she decides to use the DV Act in the future.
An OSC cannot help with property dispute cases. They’re purely civil matters. At best, a reference can be made to Legal Services Authority for free legal aid.
is a psychological helpline that aims to provide high quality telephone counselling and internet based support services which will significantly improve mental health and the well being of individuals as well as the community.
