PWDVA, 2005

 Section 2(s), which defines shared household. Shared household is defined in following words:- “(s) "shared household" means a household where the person aggrieved lives or at any stage has lived in a domestic relationship either singly or along with the respondent and includes such a household whether owned or tenanted either jointly by the aggrieved person and the respondent, or owned or tenanted by either of them in respect of which either the aggrieved person or the respondent or both jointly or singly have any right, title, interest or equity and includes such a household which may belong to the joint family of which the respondent is a member, irrespective of whether the respondent or the aggrieved person has any right, title or interest in the shared household;” 

Section 3 defines “domestic violence”. 

Sections 4 to 11 occurring in Chapter III deals with powers and duties of protection officers, service providers etc. 

Section 12 occurring in Chapter IV – “Procedure for obtaining orders of reliefs” deals with details of application to Magistrate. Section 12 is as follows:-

“12. Application to Magistrate.-

(1) An aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person may present an application to the Magistrate seeking one or more reliefs under this Act: Provided that before passing any order on such application, the Magistrate shall take into consideration any domestic incident report received by him from the Protection Officer or the service provider. 

(2) The relief sought for under subsection (1) may include a relief for issuance of an order for payment of compensation or damages without prejudice to the right of such person to institute a suit for compensation or damages for the injuries caused by the acts of domestic violence committed by the respondent:  

Provided that where a decree for any amount as compensation or damages has been passed by any court in favor of the aggrieved person, the amount, if any, paid or payable in pursuance of the order made by the Magistrate under this Act shall be set off against the amount payable under such decree and the decree shall, notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908), or any other law for the time being in force, be executable for the balance amount, if any, left after such set off. 

(3) Every application under sub-section (1) shall be in such form and contain such particulars as may be prescribed or as nearly as possible thereto. 

(4) The Magistrate shall fix the first date of hearing, which shall not ordinarily be beyond three days from the date of receipt of the application by the court. 

(5) The Magistrate shall Endeavour to dispose of every application made under subsection (1) within a period of sixty days from the date of its first hearing.”

Section 17 provides that every woman in a domestic relationship shall have the right to reside in the shared household. Section 17 is as follows:- 

“17. Right to reside in a shared household.-
(1) Notwithstanding anything contained in any other law for the time being in force, every woman in a domestic relationship shall have the right to reside in the shared household, whether or not she has any right, title or beneficial interest in the same. 
(2) The aggrieved person shall not be evicted or excluded from the shared household or any part of it by the respondent save in accordance with the procedure established by law.”

Section 18 deals with protection orders. 

Section 19 deals with residence orders. 

Section 20 deals with monetary reliefs. 

Section 23 deals with power to grant interim and ex parte orders. 

Section 26 deals with relief in other suits and legal proceedings.


SC tips:

No doubt, the definition of “shared household” in Section 2(s) of the Act is not very happily worded, and appears to be the result of clumsy drafting, but we have to give it an interpretation which is sensible and which does not lead to chaos in society.”

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