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Team Members :

1. Ajay Kumar 5. Fatima Dhaluj

2. Ashok Shah 6. Kusum Sasane
3. Bishakha Mishra 7. Harshvardhan Shande
4. Balasaheb Kamble 8. Anisha Joseph
-


 

r Brought into force from 26th October, 2006

r Extends to the whole of India except Jammu and Kashmir

r An Act to provide for 



 
  
 
guaranteed under the Constitution who are   
 
 

 occurring 
and for matters
connected therewith or incidental thereto.

r First significant attempt in India to
 

   as a
punishable offence, to extend its provisions to those in 



 , and to





 , in
addition to legal recourse.
a

 


r The remedies were limited in civil courts (divorce) and criminal
courts (vide Section 498A of the Indian Penal Code)

r There was no emergency relief available to the victim

r The remedies that were available were linked to matrimonial

proceedings

r The court proceedings were always protracted, during which

period the victim was invariably at the mercy of the abuser.

r Also the relationships outside marriage were not recognized

Î 






r Aggrieved person

r Respondent

r Shared household

r Protection Officer

r Magistrate
 
†



Harms, injures, threatens, abuses, endangers or tends to

do so for any reason ʹ property (dowry) or otherwise

Affects health, safety, life, limb or well-being (mental or

Physical)

The aggrieved person or any related to her

Explanation of the terms like sexual abuse, economic abuse, etc. mentioned in this chapter




r Act gets wide publicity through media

r Govt. officials involved in the process are given

sensitization and awareness periodically

r Better coordination between departments and periodic

review

r Protocols for all Ministries are prepared

 ^  
 
Î


  
  
 


Any person can give
information- no liability
(civil or criminal)
To police officer, Protection
Officer, service provider or
Magistrate
Take it forward and inform
the aggrieved person of her
rights
1. 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
2. of the availability of services of service providers
like shelter homes and medical facilities;
3. of the availability of services of the Protection
Officers;
4. of her right to free legal services under the Legal
Services Authorities Act, 1987
5. of her right to file a complaint under section 498A
of the Indian Penal Code (45 of 1860), wherever
relevant:



 
 
r Application to Magistrate ʹ by anyone seeking relief
r Magistrate fixes the first date of hearing - not


be
beyond 3 days from the date of receipt of the application by
the court.
r Magistrate shall 

to dispose all application within 60
days from the date of first hearing
r Service of Notice - maximum of 2 days otherwise mentioned
r Next hearing not exceeding 2 months
r Counseling if any
r Proceedings to be held in camera ʹ only if desired
r ^ut Magistrate can grant interim and ex parte orders
r Free copies to be given to both parties
X

 

r Right to reside in the r Types
same household r the loss of earnings;
r the medical expenses;
r the loss caused due to the
r Protection orders destruction, damage or
removal of any property from
r Residence orders the control;
r the maintenance for her and
children, if any,
r Monetary reliefs ʹlump
r But should be according to the
sum or monthly
standard of living accustomed to

r Custody orders r Within the period specified in the

order
r Compensation orders ʹ
for injuries and r Upon failure ʹ an employer or
torture/distress debtor to pay and adjust with
respondent later



r By respondent
r Împrisonment of max 1 year or Rs.20,000as fine
r cognizable and non-bailable

r Protection Officer
r Împrisonment of max 1 year or Rs.20,000as fine
r cognizable and non-bailable
 ! a Î
 


r 
 
 
  





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2 



   



Bench: M Katju, T. Thakur in the  

-- Appeal filed against the judgment of the Madras High Court dated Oct 12, 2009.

 !"#
$ %&
-- D. Velusamy married Lakshmi in May 25, 1980 and had a son who is now
studying in an Engineering college in Ooty. Velusamy is working as a secondary
teacher in Coimbatore.
-- D. Patchaiammal had earlier filed a petition under Section 125 CrPC in
2001 alleging she was married to Velusamy on Sept 19, 1986. They lived
together for 2/3 years in her father͛s house in Coimbatore, after which he
left her and started living in his native place but would visit her occasionally.

-- She demanded Rs. 500/- per month be paid to her as maintenance by

Velusamy whose salary is Rs. 10,000/- per month.
 !  
  

r Why was the petition under Section 125 CrPC [by Patchaiammal] filed in
2001, after a delay of about 12 years.
r !ince no notice was sent to Lakshmi and she was not given a hearing
before the Family Court or the Madras HC, the judgment of both Courts
that she [Lakshmi] was not married to Velusamy is erroneous.
r Hence, it cannot be said at this stage that Patchaiammal is the wife of
Velusamy. Also, she cannot claim to be his wife unless it is established that
he was not married to Lakshmi.
r Jhe DV Act, 2005 mentions the expression ͚domestic relationship͛ which
includes both the ͚relation of marriage͛ and a ͚

 





͛. Unfortunately!, the latter is not defined in the Act.
r A new social phenomenon emerging in the country known as O
 
O "%
. With the possibility of a large number of cases on this issue,
an authoritative decision binding the same is required.
r Acc. to Google, the expression ͚palimony͛ [coined in the U!] means grant of
maintenance to a woman who has lived for a substantial period of time
with a man without marrying him, and is then deserted by him.
a 

! 



   "
The couple must hold themselves out to society as being akin to spouses.

They must be of legal age to marry.

They must be otherwise qualified to enter into a legal marriage, including being
unmarried.

They must have voluntarily cohabited and held themselves out to the world as being akin
to spouses for a significant period of time.

>> Merely spending weekends together or a one night stand would not make it a
͚domestic relationship͛.
>> Though this would exclude many women from benefitting from the DV Act, it is not
for the SC to legislate or amend the law. Parliament has used the expression
͚relationship in the nature of marriage͛ and not ͚live in relationship͛.

In the above case, SC directed the Family Court, Coimbatore to issue notice to
Lakshmi and after hearing her give a fresh finding in accordance with law.
  
 
Ô


r Women can file false cases of DV ʹ but ƒthis act won't hit good
hubbies͟
r The definition of verbal abuse is too wide
r The definition of ͚shared household͛ is vague ʹ if the property is of
husband͛s parents and the husband doesn͛t have a share in it then it
doesn͛t amount to ͞shared household͟.
r It gives equal weightage to actual abuse, threat of abuse and
likelihood of abuse.
r Major difference in implementation in various states
r Qualification of protection officers.
r Inadequate budgetary allocation.
r Public opposition of being unequal.
 





Indira Jaising, Director, LCWRI