Proceedings under Domestic Violence Act is criminal or civil

INTRODUCTION

Welcome to the official blog of the Law Offices of Kr. Vivek Tanwar Advocate and Associates, where we are dedicated to providing litigation support services for matters related to crime against women. In today’s blog post, we aim to shed light on the prevailing issues surrounding crimes against women, the legal framework in place for their protection, and the steps we can take as a society to combat these heinous acts. Join us as we explore this critical subject and empower you with the knowledge to protect your rights and safety.

PROCEEDINGS UNDER DOMESTIC VIOLENCE ACT

The DV Act recognizes domestic violence as a distinct offence and provides protection and relief to victims, particularly women. It focuses on the civil aspects of domestic violence, such as obtaining protection orders, residence orders, monetary relief, and custody orders for children. Proceedings under the Domestic Violence Act (DV Act) are primarily civil in nature, although they do involve certain aspects of criminal law. The DV Act is a special legislation enacted to address and provide legal remedies for domestic violence situations.

Here are some key points regarding the nature of proceedings under the DV Act:

1. Civil Remedies: The DV Act primarily provides civil remedies to victims of domestic violence. It allows an aggrieved person, typically a woman, to approach the civil court or the court of the Metropolitan Magistrate to seek protection and relief.
2. Protection Orders: The court can issue protection orders under the DV Act to restrain the accused from committing acts of domestic violence and to provide a safe environment for the victim.
3. Monetary Relief: The DV Act allows the court to award monetary relief to the victim to cover medical expenses, loss of earnings, and other costs incurred due to domestic violence.
4. Residence Orders: The court can pass residence orders under the DV Act, enabling the victim to stay in the shared household or providing alternate accommodation.
5. Criminal Aspects: While the proceedings under the DV Act are primarily civil, certain acts of domestic violence may also be punishable under the Indian Penal Code (IPC) or other criminal laws. The criminal aspects, such as filing a police complaint for specific offences, are separate from the civil proceedings under the DV Act.

CONCLUSION

It’s important to note that the exact nature and scope of proceedings may vary depending on the specific circumstances and the interpretation of the law by the court. Consulting with a legal professional is advisable to understand the application and implications of the DV Act in a particular case.

we are a law firm in the name and style of Law Offices of Kr. Vivek Tanwar Advocate and Associates at Gurugram and Rewari. We are providing litigation support services for matters related to Domestic Violence Act. We have a website on which we publish blogs informing the litigants about the said laws. Draft a blog which can be published on our website…..

Written by: Adv. Priyanka Goel (D/945/2020).