The Protection of Women from Domestic Violence Act, 2005 (PWDVA) provides civil remedies for women experiencing physical, emotional, verbal, sexual, or economic abuse.
Key Legal Takeaway
Aggrieved women can obtain immediate protection orders against violence, secured residence orders in shared households under Section 19, interim maintenance under Section 20, and compensation under Section 22.
1. Expansive Definition of Domestic Violence
The Act covers physical harm, emotional abuse, verbal degradation, dowry demands, and economic deprivation of household resources.
2. Right to Reside in Shared Household (Section 19)
Pursuant to the Supreme Court ruling in Satish Chander Ahuja, a woman has a statutory right of residence in a shared household irrespective of whether she holds proprietary title.
3. Interim Monetary and Custody Reliefs
Magistrates can grant ex-parte interim maintenance, medical expenditure reimbursement, and temporary custody of minor children.
4. Penalties for Breach of Protection Orders
Breach of a protection order under Section 31 is a cognizable and non-bailable criminal offence punishable with imprisonment up to one year.
Frequently Asked Questions
Legal Guidance Note | RCS & Associates (Advocates & Lawyers in Roorkee & Haridwar)
Founder: Ramesh Chand Saini (Ex-Senior Prosecuting Officer, UP | M.A., MBA, LL.M.) | Member: Amardeep Saini (Notary & Advocate)
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