Note: By continuing to read below chapter from book you agree to be bound by copyright/IP and the terms and conditions of license (details here) Section 25. Duration and alteration of orders 25.Duration and alteration of orders.- (1) A protection order made under section 18 shall be in force till the aggrieved person applies for discharge. (2) If the Magistrate, on receipt of an application from the aggrieved person or the respondent, is satisfied that there is a change in the circumstances requiring alteration, modification or revocation of any order made under this Act, he may, for reasons to be recorded in writing pass such order, as he may deem appropriate. Comment: This is an important section of the act, because it mentions how orders can be modified in a DV case. For modification of … [Read more...] about Ch 5-16. Section 25 – Duration and alteration of orders, Section 26 – Multiple proceedings

Note: By continuing to read below chapter from book you agree to be bound by copyright/IP and the terms and conditions of license (details here) Section 27. Jurisdiction (1) The court of Judicial Magistrate of the first class or the Metropolitan Magistrate, as the case may be, within the local limits of which- (a) the person aggrieved permanently or temporarily resides or carries on business or is employed; or (b) the respondent resides or carries on business or is employed; or (c) the cause of action has arisen, shall be the competent court to grant a protection order and other orders under this Act and to try offences under this Act. (2) Any order made this Act shall be enforceable throughout India. Comment: DV Act again is very favourable to women, and is cleverly worded to include even … [Read more...] about Ch 5-17. Section 27 – Jurisdiction, Section 28 – Procedure of trial

Note: By continuing to read below chapter from book you agree to be bound by copyright/IP and the terms and conditions of license (details here) Section 29. Appeal There shall lie an appeal to the Court of Session within thirty days from the date on which the order made by the Magistrate is served on the aggrieved person or the respondent, as the case may be, whichever is later. Comment: Respondent can file appeal within 30 days of getting order to sessions court. In general, the advice is to fight the cases well right from the start and don't place hope on appeals and such things. Appeals waste both your time and expenses on lawyer, and if you are unable to win in the lower court because of lack of evidence in your favour, merely appealing is not going to be of much use. Of course, if the … [Read more...] about Ch 5-18. Section 29 – Appeal, Section 31 – Jail term on violation of protection order

Note: By continuing to read below chapter from book you agree to be bound by copyright/IP and the terms and conditions of license (details here) Section 17 gives wife right to stay in a shared household. 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. Comment: The shared household is a very important concept as mentioned earlier too, and SC has given multiple … [Read more...] about Ch 5-8. Section 17. Right to reside in shared household

Note: By continuing to read below chapter from book you agree to be bound by copyright/IP and the terms and conditions of license (details here) Section 18 is about protection orders. A protection order can be passed by magistrate against you and it is basically a restraining order since it prohibits the respondent from both physical proximity, violent acts, and even communication with the aggrieved person. I thought it important enough to reproduce in full below because many a time in India people don't understand or don't care to read the full text of the law, thinking probably that it's a husband-wife relationship, so things will not be taken so seriously. But that easy-going attitude can land one in trouble if one is unaware. 18. Protection orders.- The Magistrate may, after giving … [Read more...] about Ch 5-9. Section 18. Protection orders – Honey, I won’t hurt you again!

Note: By continuing to read below chapter from book you agree to be bound by copyright/IP and the terms and conditions of license (details here) Section 19 deals with Residence order and every husband should be aware of its implications. Especially if you don't have any legal cases yet but you are expecting something to happen, you should decide on your strategy whether living in own house or rented house. Clause 19(1) is given below: 19. Residence orders.- (1) While disposing of an application under sub-section (1) of section 12, the Magistrate may, on being satisfied that domestic violence has taken place, pass a residence order- (a) restraining the respondent from dispossessing or in any other manner disturbing the possession of the aggrieved person from the shared household, whether … [Read more...] about Ch 5-10. Section 19. Residence order – wife comes, wife stays, you go out