Year of enactment:2005;
Came into existence: 26-10-2006;
- 2(a)-aggrieved person
- 2(e)-domestic incident report
- 2(f)-domestic relationship
- 2(k)-monetary relief
- 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