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- What is DV?
THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005NO. 43 OF 2005[13th September, 2005.]
Chapter 1: An Act to provide for more effective protection of the rights of women guaranteed under the Constitution who are victims of violence of any kind occurring within the family and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Fifty-sixth Year of the Republic of India.
- Why it is dangerous
It is dangerous because it is retrospective in nature. i.e. even if any alleged domestic violence has occurred even before the implementation of this act even then this act can be used.
It gives sweeping Ex-Parte relief to women even without ascertaining whether any kind of domestic violence has taken place.
The wordings of the DV act are very "happily worded" (observed by Honorable Supreme Court), So it is bound to be misused by ladies to take revenge.
- What are the symptoms of DV
If 498a is filed then chances are that the girl will DV also.
- What are the precautions of DV
- I have 498a on me, Can my wife file DV?
Yes chances are very high.
- Will I be arrested because of DV/Will I be jailed under DV
You will be arrested only if you do not comply the magistrates order.
- Is DV a civil or criminal act?
As observed by the Chattisgarh High Court, some of the sections of this act are civil in nature and some of the
sections of this act are criminal in nature.
- Should I take anticipatory bail for DV?
- I am planning to book a flat/house in my name. Is it OK?
Hold any such plan till DV is over.
- I already have a house in my name. What should I do?
Immediately sell the house. Wrt to Chennai high court order it is not even safe to transfer the house to mothers name.
- I have a plot in my name. Will there be problem.
Normally it is OK to have a plot in your name but to avoid any complication it is better to sell this as well.
- Can court pass Ex-parte interim order in the first hearing without my presence.
- I have been ordered to pay 30000 per month by magistrate. What shall I do. This a high amount.
Apply immediately in the session court against the order. Show to the court not only your expenditure but also your liabilities. There was a similar incident in Bangalore where the H’ble magistrate has passed a monthly maintenance of 30000. It was challenged in the session court where it was reduced to 15000/- per month.
- What relief/orders wife can get under DV ACT
Wife also have the right to ask the protection officer to assist you in reporting the matter yourself directly to the concerned court or filing any application yourself directly in the concerned court and not through the Protection Officer.
- Wife can seek the following relief's from the concerned court -
a) An order enjoining your abuser from threatening to commit or committing further acts of domestic violence or violence to any person in whom you may be interested;
b) An order prohibiting your abuser from harassing, annoying, telephoning, contacting or otherwise communicating with you, directly or indirectly.
c) An order removing your abuser from residence;
d) An order directing your abuser to stay away from your residence, school, place of employment, or any other specified place frequented by you and another family or household member;
e) An order prohibiting you abuser from using or possessing any firearm or any other weapon or dangerous substance as specified by the court.
f) An order granting you possession of your personal effects and other necessary articles in the shared household and an order to put you again in the possession of the shared household;
g) An order granting you custody of your child or children;
h) An order denying your abuser visitation;
i) An order specifying arrangements for visitation, including requiring supervise visitation;
j) An order for interim monetary relief, including but not limited to payment of rent for the premises of the shared household, maintenance for you and your children, medical expenses and compensation for any other mental or physical injury caused to you by the abuser;
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