Domestic Violence Lawyer : Top Domestic Violence advocate In Rohini Court : Domestic violence Cases Advocate TisHzari Court : Domestic Violence Lawyer in Delhi

The Protection from Domestic Violence Act 2005 has been come into force which is only for the women who has been married, living in A relationship.

Sec 2 (a) of the act define “aggrieved person” 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;

Scope of the Domestic Violence Act

The object of the Act is protection of women from violence inflicted by a man and/or a woman. It is a progressive Act, whose sole intention is to protect the women irrespective of the relationship she shares with the accused. The definition of an aggrieved person under the Act is so wide that it takes within its purview even women who are living with their Partners in a live in relationship.

COMPLAINT TO MAGISTRATE

aggrieved person or by someone else on her behalf a complaint u/s 12 Domestic violence act may filed before the Mahila court. An protection officer shall be appointed by the Hon’ble magistrate u/s 2a.

section 2a Dv Act: A Protection Officer on the basis of complaint received from the aggrieved shall be conducting these primary objectives, as defined in the Gazette of India:

Shall inform the aggrieved person :

Of her right to make an application for obtaining a relief by way of a protection order, an order for monetary relief, a custody order, a residence order. a compensation order or more than one such order under this Act; of the availability of services of the other service providers, the availability of services of the Protection Officers;

Duty of the protection officer:

It shall be the duty of the Protection Officer-

  • To assist the Magistrate in the discharge of his functions under this Act;
  • To make a domestic incident report to the Magistrate, in such form and in such manner as may be prescribed, upon receipt of a complaint of domestic violence and forward copies thereof to the police officer in charge of the police station within the local limits of whose jurisdiction domestic violence is alleged to have been committed and to the service providers in that area;
  • To make an application in such form and in such manner as may be prescribed to the Magistrate, if the aggrieved person so desires, claiming relief for issuance of a protection order;
  • To ensure that the aggrieved person is provided legal aid under the Legal Services Authorities Act, 1987 (39 of 1987) and make available free of cost the prescribed form in which a complaint is to be made; to maintain a list of all service providers providing legal aid or counselling, shelter homes and medical facilities in a local area within the jurisdiction of the Magistrate;
  • To make available a safe shelter home, if the aggrieved person so requires and forward a copy of his report of having lodged the aggrieved person in a shelter home to the police station and the Magistrate having jurisdiction in the area where the shelter home is situated;
  • To get the aggrieved person medically examined, if she has sustained bodily injuries and forward a copy of the medical report to the police station and the Magistrate having jurisdiction in the area where the domestic violence is alleged to have been taken place;
  • To ensure that the order for monetary relief under section 20 is complied with and executed, in accordance with the procedure prescribed under the Code of Criminal Procedure, 1973 (2 of 1974);
  1. To perform such other duties as may be prescribed.
  2. The Protection Officer shall be under the control and supervision of the Magistrate, and shall perform the duties imposed on him by the Magistrate and the Government by, or under, this Act

Monatery relief:

The aggrieved person may also ask for the monetary relief from the respondent u/s 23 of the act.

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