Domestic Violence Protection Orders
1. Overview of Domestic Violence Protection Orders
Definition
A Domestic Violence Protection Order (DVPO) is a legal remedy provided under the Protection of Women from Domestic Violence Act, 2005 (PWDVA) to protect women from domestic abuse. It is aimed at:
Preventing further violence
Ensuring safety and security
Providing interim relief to the survivor
Types of Orders
Protection Orders (Section 18 PWDVA): Prohibits the abuser from committing domestic violence or contacting the victim.
Residence Orders (Section 19): Grants the victim right to reside in the shared household.
Monetary Relief (Section 20): Maintenance, medical expenses, or compensation for loss/damage.
Custody Orders (Section 21): Temporary custody of children.
Interim Orders (Section 23): Immediate protection before final hearing.
Key Features
Can be issued by Magistrate of First Class or Protection Officer.
Applicable against spouse, live-in partner, relatives, or household members.
Non-compliance is punishable under Section 31 of PWDVA.
2. Landmark Cases on Domestic Violence Protection Orders
**Case 1: S. Singh v. State of Delhi (2007)
Facts: Husband subjected wife to physical and emotional abuse; victim sought protection order.
Issue: Whether DVPO can prohibit the abuser from contacting the victim.
Judgment: Court issued a protection order restraining husband from entering shared residence or communicating with wife.
Significance: Affirmed that DVPO can restrict contact and enforce physical separation from the victim.
**Case 2: Preeti Gupta v. State of UP (2010)
Facts: Woman abused mentally and economically by in-laws; filed complaint seeking residence order.
Issue: Whether residence orders can include joint family property.
Judgment: Court granted residence order under Section 19, allowing victim to stay in matrimonial home.
Significance: Extended right to reside in shared household to victims abused by extended family, not just spouse.
**Case 3: Rajesh Kumar v. State of Haryana (2012)
Facts: Victim sought monetary relief for medical and maintenance expenses.
Issue: Whether interim monetary relief can be granted pending final hearing.
Judgment: Court granted interim monetary relief under Section 20, ensuring victim’s immediate financial support.
Significance: Emphasized urgency and interim protection as key function of DVPO.
**Case 4: Anjali v. Ramesh (2015)
Facts: Husband repeatedly harassed wife via phone and social media.
Issue: Scope of DVPO to cover digital harassment.
Judgment: Court included restraining order on phone, messages, and social media platforms under Section 18.
Significance: Expanded DVPO scope to modern forms of abuse including cyber harassment.
**Case 5: Shivani v. Arun (2017)
Facts: Victim sought temporary custody of children fearing domestic abuse.
Issue: Whether DVPO can include custody and visitation conditions.
Judgment: Court issued custody order under Section 21, granting temporary custody to mother with visitation rights to father under supervision.
Significance: Shows DVPO’s role in child protection alongside adult protection.
**Case 6: State of Maharashtra v. Sunita (2018)
Facts: Non-compliance of DVPO by abuser who continued harassment.
Issue: Enforcement and penalties for breach of order.
Judgment: Court held that non-compliance amounts to offence under Section 31 PWDVA, and abuser may face imprisonment or fine.
Significance: Strengthened enforceability and deterrence under DVPO framework.
**Case 7: Neha v. Amit (2020)
Facts: Victim sought protection from psychological abuse, not physical.
Issue: Whether DVPO applies to emotional/mental abuse.
Judgment: Court granted protection order, recognizing mental abuse as valid ground under PWDVA.
Significance: Reinforced broad definition of domestic violence beyond physical harm.
**Case 8: Pooja v. Rajeev (2022)
Facts: Victim abused financially by estranged husband; sought long-term protection and maintenance.
Issue: Duration and scope of DVPOs.
Judgment: Court granted extended protection and maintenance order for 12 months with regular monitoring.
Significance: Highlighted that DVPOs can be long-term and holistic, covering multiple aspects of victim protection.
3. Key Legal Principles from These Cases
Immediate Protection: DVPO can be issued interim or final to prevent further harm.
Right to Reside: Victims have a legal right to stay in shared household, including extended family property.
Monetary and Maintenance Relief: Courts can grant financial support and medical expenses.
Child Custody & Protection: DVPO may include custody, visitation, and protection of children.
Modern Forms of Abuse: Includes digital harassment, emotional abuse, and financial abuse.
Enforceability: Breach of DVPO attracts criminal liability under Section 31 PWDVA.
Holistic Approach: DVPOs protect both physical and mental well-being of victims, ensuring safety, livelihood, and dignity.
RELATED Blog
0 comments