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Do You Have A Legal Query Regarding Domestic Violence?

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Important Rights conferred by the Supreme Court of India upon the Domestic Violence

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Inform the Protection Officer (As per, Section 4 of the DV Act, 2005)

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Protection Orders are issued to the respondent to insure the victim’s safety. (As per Section 5 of the DV Act, 2005)

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In case on non-performance /action of the Protection officer, a penalty can be imposed on the officer. (As per Section 18 &32 of the DV Act, 2005.)

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An application can be filed to enforce the governments duties towards the aggrieved person/victim.(As per Section 5 of the DV Act, 2005)

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In terms of a marital relationship, a woman has the right to reside in the shared household and also has the full custody of the children with visiting hours for the respondent.(As per Section 17, 19 & 21 of the DV Act, 2005)

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An order for compensation can also be issued. (As per Section 22 of the DV Act, 2005)

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An aggrieved person can make use of the shelter homes available as well as the medical facilities and counselling.(As per Section 6& 14 of the DV Act, 2005)

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Medical facilities have a duty to provide medical aid to the aggrieved person. (As per Section 7 of the DV Act, 2005)

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Assistance of welfare expert in terms of family welfare can be called upon to discharge his functions. (As per Section 15 of the DV Act, 2005)

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Orders may be issued to determine whether the respondents can reside in the same household as the victim at the victim’s behest or as deemed fit.(As per Section 5 of the DV Act, 2005)

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The victim has the benefit of monetary relief(As per Section 5, 9 and 20 of the DV Act, 2005)

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Penalty can be imposed on the respondent for not following orders.(As per Section 31 of the DV Act, 2005)

How is Law Answer Online going to help Domestic Violence?

Law Answer Online is an endeavour to connect aggrieved individuals to lawyers and create legal awareness.
Sometimes, it is the support of the community which is essential for one’s mental health and makes it easier to be a part of the society that one is born into.
We offer legal awareness in regarding domestic violence by simplifying legal jargons and procedures.
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Commonly Asked Questions on Domestic Violence

What actions/treatment qualify as domestic violence?

Any act that endangers a woman physically, sexually, mentally, emotionally, economically or verbally constitutes as abuse.

    Is only abuse by the husband considered as abuse?

    If the abuse faced by the woman is at the hands of the relatives of the husband or by any member of a shared household or in relationships that are like marriage (live-in relationships); it does fall under the ambit of domestic violence.

      Do minor children come under the ambit of domestic violence?

      The Protection of Women Against Domestic Violence Act, 2005 does include minor children (children under the age of 18) under the ambit of domestic violence. A mother/guardian of the child facing abuse is entitled to file a complaint on his/her behalf.

        What happens to the custody of children in terms of a domestic violence complaint?

        In terms of a domestic violence complaint, the woman has complete custody of the children and visiting rights may be extended to the respondent.

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        Disclaimer: This is an IT Enabled Service by Aarken Technologies (Aarktech). The views expressed by the legal experts are their own and Aarktech bears no responsibility for the same.