The Protection of Women from Domestic Violence Act, 2005 aims to provide remedy to a woman who in a domestic relationship suffers physical or mental abuse or harassment. Section 3 of the Act defines domestic violence as an act, omission or commission or conduct of the respondent in case it harms, injures endangers the health, safety, life, limb or well-being whether mental or physical of the aggrieved person and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse, or harass, harm, injure or endanger the aggrieved party to coerce her or any other person related to her to meet un lawful demands for dowry or transfer of property or valuable assets, or has the affect of threatening the aggrieved person or anyone related to her or otherwise injures or causes harm to the aggrieved person whether physical or mental.
Section 17 provides that a woman has a right to reside in a shared household and shall not evicted or removed from the shared household or any portion of it by the respondent. Section 18 provides that if the Magistrate is satisfied that an act of domestic violence has taken place or is likely to take place, he may pass an order prohibiting the respondent from committing domestic violence, or aiding or abating the commission of domestic violence or entering the place of employment of the aggrieved person or attempting to communicate with the aggrieved person in any form, or alienating any assets of the aggrieved person, or harming any dependents of the aggrieved person or causing any other acts specified in the protection order.
Section 19 provides that when the Magistrate is satisfied that the act of domestic violence has taken place, he may pass an order restraining the respondent from dispossessing the aggrieved person from the shared household or to remove himself from the shared household or to restrain the respondent or his relatives from entering any portion of the shared household or directing the respondent to provide an alternative residence of the same level to the aggrieved party. Section 20 provides that while disposing off an application, the Magistrate may direct the respondent to pay monetary relief which may include but is not limited to the loss of earnings, the medical expenses, the loss caused due to the destruction, damage or removal of any property from the control of the aggrieved party and the maintenance of the aggrieved person and her children. The monetary relief should be fair, reasonable and adequate and consistent with the standard of living of the aggrieved person.
Section 17 provides that a woman has a right to reside in a shared household and shall not evicted or removed from the shared household or any portion of it by the respondent. Section 18 provides that if the Magistrate is satisfied that an act of domestic violence has taken place or is likely to take place, he may pass an order prohibiting the respondent from committing domestic violence, or aiding or abating the commission of domestic violence or entering the place of employment of the aggrieved person or attempting to communicate with the aggrieved person in any form, or alienating any assets of the aggrieved person, or harming any dependents of the aggrieved person or causing any other acts specified in the protection order.
Section 19 provides that when the Magistrate is satisfied that the act of domestic violence has taken place, he may pass an order restraining the respondent from dispossessing the aggrieved person from the shared household or to remove himself from the shared household or to restrain the respondent or his relatives from entering any portion of the shared household or directing the respondent to provide an alternative residence of the same level to the aggrieved party. Section 20 provides that while disposing off an application, the Magistrate may direct the respondent to pay monetary relief which may include but is not limited to the loss of earnings, the medical expenses, the loss caused due to the destruction, damage or removal of any property from the control of the aggrieved party and the maintenance of the aggrieved person and her children. The monetary relief should be fair, reasonable and adequate and consistent with the standard of living of the aggrieved person.
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