Procedure for filing case under Domestic Violence Act and reliefs

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.

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. To file a case under the Domestic Violence Act (DV Act) in India, you can follow the procedure outlined below. It’s important to note that the specific steps and requirements may vary depending on the jurisdiction and the court where the case is being filed. Consulting with a legal professional is advisable for accurate guidance based on your specific circumstances.

PROCEDURE FOR FILING A CASE UNDER THE DOMESTIC VIOLENCE ACT

Procedure for filing a case under the DV Act:

1. Approach the Appropriate Court: The victim, also known as the aggrieved person, needs to approach the Magistrate’s Court or the designated court under the DV Act in the jurisdiction where the acts of domestic violence occurred or where she currently resides.
2. Preparation of Petition: Prepare a petition that includes the following details:
   • Personal information of the aggrieved person and the respondent (the person accused of domestic violence).
   • Details of the marriage or relationship between the parties.
   • A description of the acts of domestic violence suffered.
   • Details of any previous complaints or legal proceedings, if applicable.
   • Specific reliefs sought.
3. Filing the Petition: Submit the petition along with the required number of copies at the court. The court may require additional documents such as identity proof, marriage certificate, medical records (if any), and photographs.
4. Recording of Evidence: The court may conduct an inquiry and record the evidence presented by the aggrieved person, including her statement, witnesses, and any supporting documents.
5. Interim Orders: The court may pass interim orders for the protection and safety of the aggrieved person, such as protection orders, residence orders, and maintenance orders, during the pendency of the case.

RELIEFS UNDER THE DOMESTIC VIOLENCE ACT

Reliefs that can be claimed under the DV Act:

1. Protection Order: The court can issue a protection order to prevent the accused person from committing any acts of domestic violence or contacting the aggrieved person.
2. Residence Order: The court can pass a residence order to ensure that the aggrieved person has the right to live in the shared household or provide alternate accommodation if needed.
3. Monetary Relief: The court can grant monetary relief to the aggrieved person to cover expenses related to medical treatment, loss of earnings, and other costs resulting from domestic violence.
4. Custody Orders: The court may decide on custody and visitation rights for any children involved, keeping the best interests of the child in mind.
5. Compensation: The court may order the payment of compensation to the aggrieved person for physical or mental injury caused by domestic violence.
6. Any other reliefs as deemed necessary by the court to ensure the safety, well-being, and protection of the aggrieved person.

CONCLUSION

It’s important to note that the specific reliefs and their applicability may vary based on the facts of each case and the discretion of the court. Seeking guidance from a legal professional experienced in domestic violence cases is recommended to understand the specific reliefs that can be claimed in your situation.

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).