- Date 24 Dec 2020
- Category Metrimonial Law
ABOUT THIS PROJECT
The Protection from violence Act 2005 has been inherit force which is merely for the ladies who has been married, living during a relationship.
Sec 2 (a) of the act define “aggrieved person” means any woman who is, or has been, during a domestic relationship with the respondent and who alleges to possess been subjected to any act of violence by the respondent;
Scope of the violence Act
the thing of the Act is protection of girls from violence inflicted by a person and/or a lady . it’s a progressive Act, whose sole intention is to guard the ladies regardless of the connection she shares with the accused. The definition of an aggrieved person under the Act is so wide that it takes within its purview even women who live with their Partners during a sleep in relationship.
COMPLAINT TO MAGISTRATE
An aggrieved person or by somebody else on her behalf a complaint u/s 12 violence act may filed before the Mahila court. An protection officer shall be appointed by the Hon’ble magistrate u/s 2a.
section 2a Dv Act: A Protection Officer on the idea of complaint received from the aggrieved shall be conducting these primary objectives, as defined within the Gazette of India:
Shall inform the aggrieved person :
Of her right to form an application for obtaining a relief by way of a protection order, an order for monetary relief, a custody order, a residence order. a compensation order or quite one such order under this Act;
of the supply of services of the opposite service providers,
the supply of services of the Protection Officers;
Duty of the protection officer:
It shall be the duty of the Protection Officer-
to assist the Magistrate within the discharge of his functions under this Act;
to make a domestic incident report back to the Magistrate, in such form and in such manner as could also be prescribed, upon receipt of a complaint of violence and forward copies thereof to the policeman responsible of the police headquarters within the local limits of whose jurisdiction violence is imagined to are committed and to the service providers therein area;
to make an application in such form and in such manner as could also be prescribed to the Magistrate, if the aggrieved person so desires, claiming relief for issuance of a protection order;
to ensure that the aggrieved person is provided legal aid under the Legal Services Authorities Act, 1987 (39 of 1987) and make available freed from cost the prescribed form during which a complaint is to be made;
to take care of an inventory of all service providers providing legal aid or counselling, shelter homes and medical facilities during a local area within the jurisdiction of the Magistrate;
to make available a secure shelter home, if the aggrieved person so requires and forward a replica of his report of getting lodged the aggrieved person during a shelter home to the police headquarters and therefore the Magistrate having jurisdiction within the area where the shelter house is situated;
to get the aggrieved person medically examined, if she has sustained bodily injuries and forward a replica of the report to the police headquarters and therefore the Magistrate having jurisdiction within the area where the violence is imagined to are taken place;
to ensure that the order for monetary relief under section 20 is complied with and executed, in accordance with the procedure prescribed under the Code of Criminal Procedure, 1973 (2 of 1974);
(1) to perform such other duties as could also be prescribed.
(2) The Protection Officer shall be under the control and supervision of the Magistrate, and shall perform the duties imposed on him by the Magistrate and therefore the Government by, or under, this Act
The aggrieved person can also invite the monetary relief from the respondent u/s 23 of the act.