The Magistrate may, on being satisfied that domestic violence has takenplace, pass a Residence Order —
- Restraining the respondent from dispossessingor in any other manner disturbing the possession of the aggrieved person fromthe shared household, whether or not the respondent has a legal or equitableinterest in the shared household;
- Directing the respondent to remove himselffrom the shared household;
- Restraining the respondent or any of his relativesfrom entering any portion of the shared household in which the aggrieved personresides;
- Restraining the respondent from alienating or disposing off the sharedhousehold or encumbering the same;
- Restraining the respondent from renouncinghis rights in the shared household except with the leave of the Magistrate; or
- Directing the respondent to secure same level of alternative accommodation forthe aggrieved person as enjoyed by her in the shared household or to pay rentfor the same, if the circumstances so require:
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[N.B. However, no order can bepassed directing a woman to remove himself from the shared household, even ifshe may be the main perpetrator of violence.]
The Magistrate may impose anyadditional conditions or pass any other direction, which he may deem reasonablynecessary to protect or to provide for the safety of the aggrieved person or anychild of such aggrieved person.
The Magistrate may require from the respondentto execute a bond, with or without sureties, for preventing the commission ofdomestic violence.
Time Bound Monettary Relief: The respondent shall pay themonetary relief granted to the aggrieved person within the period specified inthe order.
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- Upon the failure on the part of the respondent to make payment interms of the order, the Magistrate may direct the employer or a debtor of therespondent, to directly pay to the aggrieved person or to deposit with the courta portion of the wages or salaries or debt due to or accrued to the credit ofthe respondent, which amount may be adjusted towards the monetary relief payableby the respondent.
Right to Police Help: While passing an order, the court mayalso pass an order directing the officer in charge of the nearest police stationto give protection to the aggrieved person or to assist her or the person makingan application on her behalf in the implementation of the order.
While making anorder, the Magistrate may impose on the respondent obligations relating to thedischarge of rent and other payments, having regard to the financial needs andresources of the parties.
Right over Stridhan: The Magistrate may direct therespondent to return to the possessions of the aggrieved person, her stridhan orany other property or valuable security to which she is entitled.
MonetaryRelief, Compensation for Losses and Expenses: While passing an order in favourof the woman, the Magistrate may direct the respondent to pay monetary relief tomeet the expenses incurred and losses suffered by the aggrieved person and anychild of the aggrieved person as a result of the domestic violence and suchrelief may include, but not limited to,—
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(a) the loss of earnings;
(b) themedical expenses;
(c) the loss caused due to the destruction, damage or removalof any property from the control of the aggrieved person; and
(d) maintenancefor the aggrieved person as well as her children, if any, including an orderunder or in addition to an order of maintenance under section 125 of the Code ofCriminal Procedure, 1973 or any other law for the time being in force.
Themonetary relief granted under this section shall be adequate, fair andreasonable and consistent with the standard of living to which the aggrievedperson is accustomed.
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The Magistrate shall have the power to order anappropriate lump sum payment or monthly payments of maintenance, as the natureand circumstances of the case may require.
Punishment for Breach: A breach ofProtection Order, or even an Interim Protection Order, by the respondent shallbe an offence under this Act and shall be punishable with imprisonment of eitherdescription for a term which may extend to one year, with fine which may extendto Rs. 20,000 or both. Charges under Section 498A can be additionally framed bythe magistrate, in addition to the charges under this Act.
