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Protection order under the domestic violence act

Shivendra Pratap Singh

Advocate

26/05/2020

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The protection of women from the domestic violence act 2005 provides some relief to the aggrieved person. A protection order is one of those reliefs the aggrieved person can seek under Section 18 of the domestic violence act. This relief is important to protect the aggrieved person from any future violence which may be committed by the respondents. It is a prohibitory measure which put some restrictions upon the respondent such as

  • Do not interfere in the daily life of the aggrieved person.
  • Refrain himself from committing or attempting to commit any act of domestic violence.
  • Don’t alienate any assets either movable or immovable.
  • Don’t commit any specific act mentioned in the protection order. 

This order, to some extent, has the effect of an injunction order because it prohibits a specific action. The court commands that the respondent stop doing something that is damaging to the applicant. Breach of a protection order is a cognizable and non-bailable offence under section 31 of the DV Act. If the respondent breaches the protection order or interim protection order he shall be punished:

  • Imprisonment of either description for a term which may extend to one year.
  • Or with a fine which may extend to twenty thousand rupees, or with both.

Domestic violence is a specific offence which is committed against a woman by her spouse, partner or other males in the household. Domestic violence includes physical, sexual, verbal, emotional and economic abuse. The purpose of the DV Act is to protect women against violent husbands, partners and relatives.

protection order under the domestic violence act

Protection order

The primary object of the DV Act to protect from the acts of domestic violence. Therefore, section 18 empowers the Magistrate to put necessary restrictions upon the respondent. That restriction should be just and proper in the circumstances of the case. The Magistrate can impose these restrictions.

Do not commit any act of domestic violence

The Magistrate may direct the respondent to not commit any form of domestic violence against the aggrieved person. Physical, sexual, verbal, emotional and economic abuse are the forms of domestic violence. Act of domestic violence commits within the four walls of a shared household so the respondent may misuse his position and commit violence in different forms. Therefore section 18 imposes complete ban on the respondent.

Don’t aid or abate the commission of domestic violence

The respondent may instigate another person to commit acts of domestic violence. Therefore, the Magistrate can impose the restriction on the respondent that he will not aid or abate in the commission of domestic violence. 

Refrain himself from entering in the place of employment

The respondent cannot enter in the place of employment to humiliate or disrespect the aggrieved person. A child may be an aggrieved person under the DV Act. Therefore, the respondent cannot enter the school, hostel or any other place where the child is residing. 

Don’t communicate with the aggrieved person

Respondents may be restricted by the protection order to communicate with the aggrieved person. The respondent cannot establish personal, oral, written, electronic or telephonic contact with the aggrieved person. 

Do not alienate or transfer the property 

Respondents cannot transfer any joint or self-acquired property without leave or permission of the Magistrate. The wife does not hold any right or title in the husband’s property. Hence a husband can easily dispossess the wife by transferring his property. In this situation, Section 18 protects the interest of the wife and restricts the husband to sell his property.  

The Magistrate may restrict the respondent to alienate:

  • Any assets which the respondent holds 
  • Bank lockers or bank accounts used or held or enjoyed by both the parties, jointly or singly.
  • Stridhan or any other property held by jointly or separately by the parties

Don’t commit domestic violence against the dependents

The Magistrate may restrict the respondent to cause domestic violence against the dependent or relatives of the aggrieved person. This restriction applies to those relatives or persons who assist the aggrieved person from domestic violence.

Don’t commit any specific act mentioned in the protection order

Section 18 vests a very vast power in the Magistrate to protect the aggrieved person from domestic violence. The Magistrate may exercise his discretion and restrict the respondent to commit a specific act. When the Magistrate passes a specific order under section 18 he must act judiciously. 

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

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