❓ Question 21: What special right has been granted by the DV Act to an aggrieved person regarding her residence?

👉 Answer: U/s 17 of the DV Act, every woman in a domestic relationship shall have the right to reside in the shared household whether or not she has any right, title or beneficial interest in it.

❓ Question 22: What orders can be passed by a Magistrate under the DV Act?

👉 Answer:

A Magistrate can pass the following orders under the DV Act:

• Protection Orders under section 18
• Residence Orders under section 19
• Monetary Relief orders under section 20
• Custody Orders under section 21
• Compensation Orders under section 22

❓ Question 23: What is meant by “Protection Order” under the DV Act?

👉 Answer:

• On being prima facie satisfied
  • that domestic violence has taken place or is likely to take place
• Magistrate may
  • pass a protection order in favour of the aggrieved person and
  • prohibit the respondent from
    • committing any act of domestic violence
    • aiding or abetting in commission of acts of domestic violence
    • entering the place of employment of the aggrieved person or the school or other place frequented by aggrieved person: if the person aggrieved is a child
    • attempting to communicate in any form with the aggrieved person including personal, oral, written, electronic or telephonic contact
    • alienating any assets, operating bank lockers or bank accounts held by both parties jointly or singly by the respondent including her stridhan or other property held jointly or separately

❓ Question 24: What is meant by a Residence Order under DV Act?

👉 Answer:

• Through a Residence Order Magistrate may
  • restrain the respondent from dispossessing or in any other manner disturbing possession of the aggrieved person from the shared household
  • direct the respondent to remove himself from the shared household
  • restrain respondent or his relatives from entering any portion of the shared household in which the aggrieved person resides
  • restrain the respondent from alienating or disposing of the shared household
  • direct the respondent to secure the same level of alternate accommodation for the aggrieved person as enjoyed by her in the shared household or to pay rent for the same

❓ Question 25: What provisions are there in the DV Act relating to monetary reliefs to an aggrieved person?

👉 Answer:

• Magistrate may direct the respondent to pay monetary relief
  • to meet expenses incurred and losses suffered by the aggrieved person and her children as a result of domestic violence
• Such relief may include
  • loss of earnings
  • medical expenses
  • loss caused due to damage or removal of any property from control of the aggrieved person and
  • maintenance for the aggrieved person and her children including an order of maintenance u/s 125 CrPC

❓ Question 26: A Compensation Order under the DV Act can provide compensation for what types of injuries?

👉 Answer: Magistrate may pass an order directing the respondent to pay compensation and damages for injuries, including mental torture and emotional distress caused by acts of domestic violence committed by the respondent

❓ Question 27: Which Magistrate shall have jurisdiction under the DV Act?

👉 Answer:

Judicial Magistrate first class or Metropolitan Magistrate within whose local limits

• aggrieved person permanently or temporarily resides or carries on business or is employed or
• respondent resides or carries on business or is employed or
• cause of action has arisen

❓ Question 28: What consequences shall follow on breach of a protection order?

👉 Answer:

• Breach of a protection order
  • shall be an offence u/s 31 of the DV Act.
  • punishable with imprisonment upto 1 year or fine upto 20000 rupees or both

❓ Question 29: What is the nature of the offence u/s 31?

👉 Answer: Cognizable and non-bailable.

❓ Question 30: What consequences shall follow when a Protection Officer fails to discharges his duties as directed by the Magistrate in a protection order?

👉 Answer:

• He shall be punished  with imprisonment of upto one year or fine upto 20000 rupees or both

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