Protection of Women from Domestic Violence Act, 2005 – Section 19 (1) (f) – Residence Orders – Alternate accommodation for the aggrieved person – Where the residence is a shared household, it does not create any embargo upon the owner to claim eviction against his daughter-in-law. A strained frictional relationship between the parties would be relevant to decide whether the grounds of eviction exist.
Protection of Women from Domestic Violence Act 2005
THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005
ARRANGEMENT OF SECTIONS
1. Short title, extent and commencement.
3. Definitions of domestic violence.
POWERS AND DUTIES OF PROTECTION OFFICERS, SERVICE PROVIDERS, ETC.
4. Information to Protection Officer and exclusion of liability of informant.
5. Duties of police officers, service providers and Magistrate.
6. Duties of shelter homes.
7. Duties of medical facilities.
8. Appointment of Protection Officers.
9. Duties and functions of Protection Officers.
10. Service providers.
11. Duties of Government.
PROCEDURE FOR OBTAINING ORDERS OF RELIEFS
12. Application of Magistrate.
13. Service of notice.
15. Assistance of welfare expert.
16. Proceedings to be held in camera.
17. Right to reside in a shared household.
18. Protection orders.
19. Residence orders.
20. Monetary reliefs.
21. Custody orders.
22. Compensation orders.
23. Power to grant interim and ex parte orders.
24. Court to give copies of order free of cost.
25. Duration of orders.
26. Relief in other suits and legal proceedings.
30. Protection Officers and members of service providers to be public servants.
31. Penalty for breach of protection order by respondent.
32. Cognizance and proof.
33. Penalty for not discharging duty by Protection Officers.
34. Cognizance of offence committed by Protection Officer.
35. Protection of action taken in good faith.
36. Act not in derogation of any other law.
37. Power of Central Government to make rules.
Protection of Women from Domestic Violence Act, 2005 – Section 2 (s) – Wife’s plea to live in posh home – The word ‘similar’ has to be construed as providing the same degree of luxury and comfort as is available in the Shared household .
Protection of Women from Domestic Violence act, 2005 – Whether an order passed by the magistrate in a proceeding under Section 12 r/w. 23 of the Act on the point of maintainability of the said proceeding can be quashed under the provisions of Section 482 of the Cr.P.C. ?