0
Year of enactment:2005; 
Came into existence: 26-10-2006; 
Chapters:5
Sections:37
  • 2-Definitions
  • 2(a)-aggrieved person
  • 2(e)-domestic incident report
  • 2(f)-domestic relationship
  • 2(k)-monetary relief
  • 2(q)-respondent
  • Proviso to 2(q)
  • 2(s)-shared household
  • 3-Definition of domestic violence-physical abuse, sexual abuse, verbal and emotional abuse, economic abuse, etc are dealt with.
  • 4-Information to Protection officer regarding domestic violence
  • 5-Duties of officers when receiving complaint of domestic violence
  • 12-who can apply? Aggrieved person/Protection officer/any interested person
  • 12(3)How to apply?Application shall be in Form II-Rule 6-Only substantial compliance is necessary(AIR 2008 NOC 152 All)
  • 13-Service of Notice. Provisions of Order V of CPC or Chapter VI of CrPC may be adopted[2008(1)KHC 480]
  • 16-In Camera proceedings, if required
  • 17-Right to reside in shared household irrespective of the question of right, titile or beneficial interest
  • 18-Protection orders-Order can be passed on prima facie satisfaction. Likelihood of taking place of domestic violence enough.
  • 19-Satisfaction of magistrate is needed. Order may be granted against relatives of husband. Provision of alternate accomodation. A divorced woman can file application for relief under 19(8).[2008(3)KLT]
  • 20-Monetary relief to woman and child. Employer of the defaulted respondent is made liable for payment.[20(6)]
  • 21-Welfare of the child secured. Temporary custody can be ordered.
  • 22-Compensation for mental injury and emotional distress among others can be ordered
  • 23-Power of Magistrate to grant interim orders and exparte orders
  • 24-Free copy of order to parties and police officer and service provider
  • 25-Alteration, Modification or Revocation of any order.
  • 27-Jurisdiction-Territorial on the basis of residence, place of work of petitioner and respondent and on the basis of cause of action.
  • 28-Some provisions to be governed by CrPC.
  • 31-Penalty for breach of protection order. Magistrate may also frame certain other offences.
  • 32-Offence is cognizable and non-bailable

Post a Comment

Do not use abusive language

 
Top