Reliefs Available Under the PWDVA
The Protection of Women from Domestic Violence Act, 2005 provides a wide range of civil reliefs to victims of domestic violence. Unlike criminal prosecution, which focuses on punishing the offender, the PWDVA focuses on protecting the victim and providing comprehensive relief. The Act allows a woman to seek multiple reliefs in a single application, making the process efficient and holistic.
Protection Orders (Section 18)
The court can pass protection orders prohibiting the respondent from: committing any act of domestic violence; aiding or abetting such violence; entering the victim's workplace or school; attempting to communicate with the victim; isolating the victim from family and friends; and any other specified act. Violation of a protection order is a criminal offence punishable with imprisonment up to one year or fine up to Rs. 20,000. Protection orders remain in force until the victim applies for their cancellation.
Residence Orders (Section 19)
The court can pass residence orders: restraining the respondent from dispossessing the victim from the shared household; directing the respondent to remove themselves from the shared household; restraining the respondent from alienating or disposing of the shared household; granting the victim the right to reside in the shared household; and directing the respondent to pay rent or alternate accommodation if the victim cannot live in the shared household. The victim cannot be evicted from the shared household regardless of her ownership rights.
Monetary Relief (Section 20)
The court can order monetary relief to cover: medical expenses incurred due to the violence; loss of earnings resulting from the violence; destruction or damage to the victim's property; maintenance for the victim and her children; and other expenses reasonably incurred. The amount is determined based on the victim's needs and the respondent's means. Monetary relief is in addition to maintenance under other laws.
Custody Orders (Section 21)
The court can grant temporary custody of children to the victim or any person acting on her behalf. The best interest of the child is the guiding principle. The court can also set conditions for visitation rights for the respondent, ensuring the child's safety during such visits. Custody orders under the DV Act are interim in nature and can be modified later.
Compensation Orders (Section 22)
In addition to monetary relief, the court can order compensation for: mental torture and emotional distress; physical injury and pain; loss of dignity and reputation; and any other injury caused by the domestic violence. The compensation amount depends on the severity and impact of the violence on the victim's life.
How to Claim Multiple Reliefs
All reliefs can be claimed in a single application under Section 12 of the Act. The application should describe the domestic violence in detail and specify the reliefs sought. The court may grant some or all of the reliefs based on the facts of the case. The procedure is designed to be quick, with interim orders passed within days and final orders within 60 days.
For legal assistance in claiming reliefs under the DV Act, connect with a family lawyer on WakilSearch.