Covered under the act:
Women who are or have been in a relationship with the abuserwhere both parties have lived together in a shared household.
Even those women who are sisters, widows, mothers, singlewomen, or living with the abuser are entitled to legal protection.
Domestic violence includes:
Actual abuse or threat to abuse that is physical, sexual,verbal, emotional or economic. Dowry demands are also covered under thisdefinition.
Duties of Shelter homes:
If an aggrieved person or on her behalf a Protection Officeror a service provider requests for shelter it shall be provided
Counselling:
At any stage of the proceedings, the Magistrate may directthe respondent or the aggrieved person, either singly or jointly, to undergocounseling.
Right to reside in a shared household:
Every woman in a domestic relationship shall have the rightto reside in the shared household.
The aggrieved person shall not be evicted or excluded fromthe shared household or any part of it by the respondent save in accordancewith the procedure established by law.
On being satisfied that domestic violence has taken place,the magistrate may
Restrain the respondent from dispossessing or disturbing theaggrieved person from the shared household
Direct the respondent from removing himself from the sharedhousehold
Restrain the respondent or any relatives from entering anyportion of the shared household in which the aggrieved person resides
Restrain the respondent from alienating or disposing off theshared household
Restrain the respondent from renouncing his rights in theshared household except with the leave of the magistrate
Direct the respondent to secure same level of alternateaccommodation for the aggrieved person as enjoyed by her in the sharedhousehold, or to pay rent for the same.
Monetary Reliefs:
the Magistrate may direct the respondent to pay monetaryrelief to meet the expenses incurred and losses suffered by the aggrievedperson and any child of the aggrieved person as a result of the domesticviolence.
Copy of Order:
To be given free of cost to both the parties, to the policeand the service provider.
Appeal:
If either party is not satisfied with the order of theMagistrate, an appeal can be made to the Court of Session within 30 days fromthe date on which the order is served on the aggrieved person or therespondent.
