The Domestic Violence Act, 2005, provides a number of reliefs to women who are victims of domestic violence which were not available earlier. For example, it gives a wife or live-in partner a right to live in her marital / shared home whether or not her name is on the title deeds of the property.

In fact, a Bench of the Delhi High Court comprising Justices Vikramjit Sen and P K Bhasin held that a mistress or a live-in partner is to be treated at par with a wife under the Domestic Violence Act, 2005.

Under the Act, any of several possible perpetrators of domestic violence can be dealt with. These perpetrators are referred to as ‘the respondent’ in the statute and have been defined as any adult male person who is or has been, in a domestic relationship with the aggrieved woman and against whom she has sought any relief under the Act. The perpetrator may be the woman’s husband or a man with whom she shares a relationship in the nature of a marriage.

‘Woman’ means any woman who is or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent and a ‘domestic relationship’ means a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage or through a relationship in the nature of marriage, adoption or are family members living together as a joint family.

A ‘child’ means any person below the age of eighteen years and includes any adopted, step or foster child.

Right to Reside in a Shared Household

A ‘shared household’ means a household where the woman aggrieved lives or at any stage has lived in a domestic relationship either singly or along with the respondent and includes such a household whether owned or tenanted either jointly by the woman and the respondent or owned or tenanted by either of them in respect of which either the woman or the respondent or both jointly or singly have any right, title, interest or equity and includes such a household which may belong to the joint family of which the respondent is a member, irrespective of whether the respondent or the woman has any right, title or interest in the shared household

Under Section 17 of the Domestic Violence Act 2005, every woman in a domestic relationship has the right to reside in the shared household, whether or not she has any right, title or beneficial interest in the same. This Section overrides anything contained in any other law for the time being in force. The woman cannot be evicted or excluded from the shared household or any part of it by the respondent except in accordance with the procedure established by law.

Protection Orders

Under Section 18, the Magistrate may, after giving the woman and the perpetrator-respondent an opportunity to be heard and on being prima facie satisfied that domestic violence has taken place or is likely to take place, pass a protection order in favour of the woman and prohibit the respondent from:

• committing any act of domestic violence
• aiding or abetting in the commission of acts of domestic violence
• entering the place of employment of the woman or, if the person aggrieved is a child, its school or any other place frequented by the woman
• attempting to communicate in any form, whatsoever, with the woman, including personal oral or written or electronic or telephonic contact alienating any assets, operating bank lockers or bank accounts used or held or enjoyed by both the parties, jointly by the woman 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
• causing violence to the dependants, other relatives or any person who give the woman assistance from domestic violence
• committing any other act specified in the protection order.

A protection order shall be in force till the woman applies for discharge. If the Magistrate, on receipt of an application from the woman or the respondent, is satisfied that there is a change in the circumstances requiring alteration, modification or revocation of any order made under the Act, he may, for reasons to be recorded in writing pass such order, as he may deem appropriate according to Section 25.

Residence Orders

Under Section 19, the Magistrate may, on being satisfied that domestic violence has taken place, pass a residence order:

• restraining the respondent from dispossessing or in any other manner disturbing the possession of the woman from the shared household, whether or not the respondent has a legal or equitable interest in the shared household
• directing the respondent to remove himself from the shared household unless the respondent is a woman
• restraining the respondent or any of his relatives from entering any portion of the shared household in which the woman resides
• restraining the respondent from alienating or disposing off the shared household or encumbering the same
• restraining the respondent from renouncing his rights in the shared household except with the leave of the Magistrate
• directing the respondent to secure same level of alternate accommodation for the woman as enjoyed by her in the shared household or to pay rent for the same, if the circumstances so require

While making an order, the Magistrate may impose on the respondent obligations relating to the discharge of rent and other payments, having regard to the financial needs and resources of the parties.

The Magistrate may impose any additional conditions or pass any other direction which he may deem reasonably necessary to protect or to provide for the safety of the woman or any child of such woman.

The Magistrate may require from the respondent to execute a bond, with or without sureties, for preventing the commission of domestic violence. Such an order is deemed to be an order under Chapter VIII of the Code of Criminal Procedure, 1973 and is dealt with accordingly.

While passing an order, the Court may also pass an order directing the officer in charge of the nearest police station to give protection to the woman or to assist her or the person making an application on her behalf in the implementation of the order.

The Magistrate may direct the officer in-charge of the police station in whose jurisdiction the Magistrate has been approached to assist in the implementation of the protection order.

The Magistrate may direct the respondent to return to the possession of the woman her Stridhan or any other property or valuable security to which she is entitled to.

Monetary Relief

Under Section 20 of the Act, while disposing of an application, the Magistrate may direct the respondent to pay monetary relief to meet the expenses incurred and losses suffered by the woman and any child of the woman as a result of the domestic violence and such relief may include, but not limited to:

1. the loss of earnings
2. the medical expenses
3. the loss caused due to the destruction, damage or removal of any property from the control of the woman and
4. the maintenance for the woman as well as her children, if any, including an order under or in addition to an order of maintenance under Section 125 of the Code of Criminal Procedure, 1973 or any other law for the time being in force.

The monetary relief granted under this Section shall be adequate, fair and reasonable and consistent with the standard of living to which the woman is accustomed.

The Magistrate shall have the power to order an appropriate lump sum payment or monthly payments of maintenance, as the nature and circumstances of the case may require. He shall send a copy of the order for monetary relief made to the parties to the application and to the in charge of the police station within the local limits of whose jurisdiction the respondent resides.

The respondent shall pay the monetary relief granted to the woman within the period specified in the order.

Upon the failure on the part of the respondent to make payment in terms of the order, the Magistrate may direct the employer or a debtor of the respondent, to directly pay to the woman or to deposit with the Court a portion of the wages or salaries or debt due to or accrued to the credit of the respondent, which amount may be adjusted towards the monetary relief payable by the respondent.

Custody Orders

Under Section 21, notwithstanding anything contained in any other law for the time being in force, the Magistrate may, at any stage of hearing of the application for protection order or for any other relief under the Act grant temporary custody of any child(ren) to the woman or the person making an application on her behalf. The perpetrator-respondent may be given visitation rights unless the Magistrate thinks that such visits may be harmful to the interests of the child or children.

Compensation Orders

Under Section 22, in addition to other reliefs as may be granted under the Act, the Magistrate may on an application being made by the woman, pass an order directing the respondent to pay compensation and damages for the injuries, including mental torture and emotional distress, caused by the acts of domestic violence committed by that respondent.

Interim Orders

Under Section 23, in any proceeding before him under the Act, the Magistrate may pass such interim order as he deems just and proper.

Ex Parte Orders

If the Magistrate is satisfied that an application prima facie discloses that the respondent is committing or has committed an act of domestic violence or that there is a likelihood that the respondent may commit an act of domestic violence, he may grant an ex parte order against the respondent on the basis of the affidavit in the prescribed form of the woman.

Relief under other Statutes

Relief may also be sought in any legal proceeding, before a Civil Court, family Court or a Criminal Court, affecting the woman and the respondent whether such proceeding was initiated before or after the commencement of the Act.

Any such relief may be sought for in addition to and along with any other relief that the woman may seek in such suit or legal proceeding before a civil or Criminal Court.

In case any relief has been obtained by the woman in any proceedings other than a proceeding under the Act, she shall be bound to inform the Magistrate of the grant of such relief according to Section 26 of the DV Act.