Theme: Crimes & Violence

[Trigger Warning: The following content contains information on domestic violence which some readers may find disturbing.]

If you have faced domestic violence, then you can file an application with the Court (Civil Court, Family Court or Criminal Court) for immediate help and protection(( Section 18, The Protection of Women from Domestic Violence Act, 2005.)). You should take the help of a lawyer and if you do not have one or from protection officers, NGOs, etc. who will put you in touch with legal aid services.

The Court will first look at whether your case is domestic violence under the law by seeing if:

• You are a woman who has faced domestic violence.
• You are/were in a domestic relationship with the harasser when the violence took place.
• You have/had a shared a household with your harasser.

The Court will serve a notice to the harasser(s) with the help of the Protection Officer and will hear your case within 3 days of filing the application. The Court will help you out by giving temporary orders for protection, financial assistance and support(( Section 12 and 13, The Protection of Women from Domestic Violence Act, 2005.)).

Court Orders

Once the Court is satisfied that your case is one of domestic violence, your lawyer can ask the Court for the following(( Sangita Saha v. Abhijit Saha and Others. (2019) SCC OnLine SC 559.)):

• Protection from your harasser against violence. This is known as a protection order.
• Monetary Support for yourself and your child. This is known as a maintenance order.

An order to stay in your house. This is known as a residence order.

[Trigger Warning: The following content contains information on domestic violence which some readers may find disturbing.]

If you are being thrown out of your shared household (house) by your harasser or you don’t feel safe living in your house, you can approach the Court for help with the assistance of a lawyer or a Protection Officer. The residence order will help you(( Section 19, The Protection of Women from Domestic Violence Act, 2005.)):

Stay in the House

By way of a residence order, the harasser may be asked not to throw you out or force you to leave the house. You have a right to stay in the house wherein you lived there together as a couple  i.e. as husband and wife(( Section 2(f), The Protection of Women from Domestic Violence Act, 2005.)) or live-in partners, even if:

• You don’t have any legal share, title or right in the house.(( Section 19(a), The Protection of Women from Domestic Violence Act, 2005 ; Roma Rajesh Tiwari v. Rajesh Dinanath Tiwari  I (2018) DMC 123 Bom.))
• The harasser does not live in that house anymore.(( Lalita Toppo v. State of Jharkhand & Anr.  2018 (4) RCR (Criminal) 976.))
• The harasser does not have any legal share, title or right in the house.(( Roma Rajesh Tiwari v. Rajesh Dinanath Tiwari  I (2018) DMC 123 Bom.))

Keep you away from the Harasser

The harasser may be asked to:

• Leave the house.(( Sabita Mark Burges v. Mark Lionel Burges  2013 (5) Bom CR 387; Manju Sharma v. Ramesh Sharma CRL.O.P.(MD)No.12092 of 2008.)) This may also include the relatives of the harasser but the Court can only direct such orders against a male harasser.(( Meenavathi v. Senthamarai Selvi Crl. O.P. (MD) No. 12092/2008.))
• Not enter the premises of the house.(( Section 19, The Protection of Women from Domestic Violence Act, 2005.))

Help you get alternative accommodation

The harasser may be asked to:

• Give you a portion of the house to live in along with all the necessary amenities for a comfortable and dignified stay(( V.D Bhanot v. Savita Bhanot (2012) 3 SCC 183.)) and not enter your portion of the house.(( Section 19, The Protection of Women from Domestic Violence Act, 2005.))
• Pay for(( Ajay Kumar Jain v. Baljit Kaur Jain 2009 SCC OnLine DEL 1538.)) or buy another house for you, if needed(( V.D Bhanot v. Savita Bhanot (2012) 3 SCC 183.)) and provide monetary relief by paying rent.(( Section 19, The Protection of Women from Domestic Violence Act, 2005.))

Protect finances and property

The harasser may be asked not to:

• Sell, lease or mortgage the house.
• Renounce rights in the shared household, for example, by alienating or disposing the shared household.(( Navleen Kler Bhatia v Sarabjit Singh Bhatia.,Criminal Appeal No.No. 28/2011 ID No. 02406R0298502011))

The Court may also ask the harasser to follow any other conditions that are required to protect you and your children.

Some states provide handbooks for ASHA workers where you can find more information on forms on violence, where it can happen and how to file a complaint to seek protection against domestic violence. For example, see this handbook published for ASHA in Chattisgarh, Delhi, Jharkhand, Madhya Pradesh and Uttarakhand.

[Trigger Warning: The following content contains information on domestic violence which some readers may find disturbing.]

To get money or compensation from the harasser, you can file an application(( Section 20, The Protection of Women from Domestic Violence Act, 2005; Section 125, The Code Of Criminal Procedure,1973.)) with the Court asking for monetary relief with the help of a lawyer or a Protection Officer. The Court will pass an order to compensate you and your child/children for all the losses and injuries you have suffered as a result of the violence and abuse. You may get the money either on a monthly basis or as a lump sum as decided by the Court. The amount of money you can get will be determined by the Court keeping in mind the standard of living you are used to(( Sunil Singh v. Smt Neetu Singh 2011 SCC OnLine Del 5506)). Among other things, the harasser may be asked to pay you money for:

• Your lost income. For example, loss of earning in situations where you were not allowed to work or if you did not receive a salary because you were in the hospital for a month because of violence.
• Physical injuries and medical expenses. For example, hospital bills and money for medicines.
• Loss due to damage to your property or property being taken away. For example, your jewelry or land that you owned. The Court may ask the harasser to return such valuable items back to you(( Section 19, The Protection of Women from Domestic Violence Act, 2005.))
• Upkeep for your life. For example, paying rent for the house, living expenses for your child and yourself, etc.
• Mental torture and emotional distress. For any distress caused to you which has affected your work or your life.(( Section 22, The Protection of Women from Domestic Violence Act, 2005.))

Laws you can use

There are two laws under which you can ask the Court to make the harasser pay money to you – domestic violence law (Section 20/22) and criminal law (Section 125, CrPc). You can ask your lawyer to claim monetary relief using both laws(( Prakash Babulal Dangi v. The State of Maharashtra & Anr.Petition for Special Leave to Appeal(Crl.) Nos.10280-10281/2017.)).

In case of failure of payment

If your harasser does not give you the money, as ordered by the Court, you should inform  the Court with the help of a lawyer. The Court will then ask:

• The harasser’s employer/boss to pay the amount to the Court and deduct it from his salary.

Any other person(( Section 20(6), The Protection of Women from Domestic Violence Act, 2005.)) who owes the harasser money to pay the amount to the court which will then be given to you.