INDIAN WOMEN - OLD & NEW FACE

A Brief note on Protection of Women from Domestic Voilence Act 2005 - For the purpose of imparting leagal awareness - Reg.

1. Protection of Women from Domestic Voilence Act 2005 has come into force on October 26, 2006 all over the country.

2. A great burden is placed on the Magistrates of First Class, or as the case may be, the Metropolitan Magistrates in the area where the aggrieved person resides temporarily or otherwise or the respondent resides or the domestic violence is alleged to have taken place, to deal with cases under the Act.

3. An aggrieved person or the Protection Officer or any other person on behalf of the aggrieved person may present an application under Section 12 of the Act to the Magistrate seeking one or more reliefs under this act, namely, issue protection order , in favour of the aggrieved person prohibiting the respondent from committing any act of domestic violence etc.,

As contemplated under section 18,a 'residence order' restraining the respondent from dispossessing or in any other manner disturbing the possession of the aggrieved person from the shared household, whether or not the respondent has a legal or equitable interset in the shared household; and other similar reliefs under Section 19, directing the respondent to pay 'monetary reliefs' to meet the expenses incurred and the losses suffered by the aggrieved person and any child of the aggrieved person as a result of the domestic voilence and such other relief as mentioned under section 20, notwithstanding any other law, for the time being in force at any stage of the hearing grant "Order of temporary custody" of any child or children to the aggrieved person contemplated under Section 21, pass an order directing the respondet to pay 'compesation orders' under 22 of the Act.

4. The Magistrate is also empowered to pass such interim and ex-parte order as he deems just and proper basing on the affidvit of the aggrieved person in the applications filed under any sections mentioned above, as mentioned in Section 23 of Act or even orders in emergency as contemplated under Rule 9.

5. The Magistrate is required to mention the duration of the order passed and he is also empowered to alter, modify, revoke any order passed under this act under Section 25 of the Act.

6. The Central Government has also framed Rules under the Act and appended Form no; I, mentioning as to how a domestic incidednt report is required to be prepared, under Form of application under Section 12 of the Act to be presented, by the aggrieved person, Form No: III showing the manner of affidavit under Section 23(2) has to be obtained from aggrieved person, form No.IV says the informtion to be geiven to aggrieved persons informig the rights vested with them Form No.V form showing the safely plan, Form No.VI form of registrtion as service provider and Form No.VII informing the manner in which the notice of appearance to the respondent under the Act should be given.

7. Find enclosed G.O.M.NO.22.Women Development, Child Welfare & Disabled Welfare (WPI) Department Dated.9.11.2006. under which the Government has appointed Project Director of District Women and Child Development Agency as Protection Officers in each District within their jurisdiction with immediate effect. Along with it the names and phone numbers of all the Protection Officers have been provided. They aslo provided the list of Shelter Homes and Family Counselling Centres.

8. Section 12 of the Act contemplates that as and when and application is filed under Section 12 of the Act, the Magistrate befoer passingf any order on such application shall take into consideration any domestic incident report received by him from the Proteciton Officer or the Service Provider.

9. The Magistrate shall fix the first date of hearing, which shall not originallhy be beyond three day from the date of receipt of application by the court under Sub-section(4)