Let us know in detail what section 23 covers the domestic violence act and what you should know.
Protection of women from domestic violence acts came into existence in 2005. This act is the most promising and comprehensive show that combines civil remedies and criminal procedures. It ensures adequate protection and exceptional relief to victims of domestic violence.
The aggrieved has the right to seek shelter from physical, sexual, verbal and emotional abuse. Not just that, even economic abuse comes into the picture. This law is the first law that recognises a women's right to live in a violence-free home.
Section 23 in The Protection of Women from Domestic Violence Act, 2005
Power to grant interim and ex parte orders.
Section 1 covers granting interim and ex parte orders by the magistrate. In any proceeding before the Magistrate under this Act, the Magistrate is responsible for passing the interim just as they feel suitable and appropriate under such conditions.
Section 2 talks about the Magistrate confirming the abuse. Here the magistrate is satisfied that an application prima facie discloses or highlights the respondent who committed domestic violence.
Even if a magistrate is satisfied that the respondent is likely to commit an act of domestic violence, in such cases, he may grant an ex parte order. The granting of this takes place based on the affidavit in such form. The aggrieved person will get prescribed under sections 18, 19, 20, 21 or, as the case may be, section 22 against the respondent.
Salient Features of the Act
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It covers those women who live with an abuser and are in a relationship with them. The ties can be marriage or adoption. In addition, women living in a joint family or sisters, widows, mothers, or living with the abuser can seek protection under the proposed legislation.
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Domestic violence covers actual abuse, along with the threat of the abuse, physical, sexual, verbal, economic and emotional abuse. It also covers harassment for unlawful dowry and demands from her relatives.
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It gives the right to the aggrieved women to seek shelter or have a space to live in a shared household. Even though the women's rights or title to live in the shared family.The right talks about removing the men from the shared home to give security to the women and accommodation.
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It allows the order to offer relief to the women. And, the reserve is in the form of protection orders, residence orders, monetary relief, custody orders and compensation orders;
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The act talks about the protection of women and offers protection orders. It is to ensure the abuser doesn't come any closer to the women or even think of committing an act of domestic violence. The abuser doesn't threaten the women by entering a workplace or any other place frequented. Even the attempt to communicate is highly prohibited.
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If a woman wishes to feel safe and secured, she can recognise or request a protection officer. Appointment of Protection Officer recognises and involves nongovernmental organisations as service providers. They are the ones who are offering assistance to the abused concerning her medical examination, obtaining legal aid and safe shelter.
Knowing about section 12 in the domestic violence act allows you to understand the act better.
Conclusion
Now that you know so much about the act, it is better to understand domestic violence cases' importance. If you or anyone you know is going through a situation of violence, abuse at home.
You have the right to seek help from the law and make the right decision. To know more, you can visit Get Legal India and gain valuable information on the topic in detail. Visit Get Legal India and collect more knowledge on the area to make the best case out of your domestic violence. You can also find professionals ready to help you with the issue.
