Reliefs Available Under the DV Act
The DV Act provides a comprehensive basket of reliefs:
Protection Orders (Section 18): The magistrate can prohibit the respondent from committing acts of domestic violence, entering the aggrieved person's workplace, communicating with her, and alienating assets.
Residence Orders (Section 19): The magistrate can direct that the aggrieved person shall not be dispossessed from the shared household, order the respondent to remove himself, or direct the respondent to secure alternative accommodation.
Monetary Reliefs (Section 20): The magistrate can order the respondent to pay for loss of earnings, medical expenses, and damage to property.
Compensation Orders (Section 22): The magistrate can award compensation for injuries, including mental torture and emotional distress.
Custody Orders (Section 21): The magistrate can grant temporary custody of children to the aggrieved person.
Maintenance Orders: While there is no specific section for maintenance in the DV Act, the monetary relief under Section 20 includes maintenance, and the courts read this broadly.
Procedure Under the DV Act in Kolkata
DV Act cases in Kolkata are filed before the Metropolitan Magistrate (at Bankshall Court, Bidhannagar Court, etc.) or the Judicial Magistrate (in suburban courts). The procedure is summary in nature:
Filing of Application: The aggrieved person (or a Protection Officer on her behalf) files an application in Form I, setting out the facts and the reliefs sought.
Notice to Respondent: The magistrate issues notice to the respondent, who must file a reply.
Evidence: Both parties file affidavits and documents. The court can also record oral evidence.
Interim Orders: The magistrate can pass interim orders (including protection and monetary relief) at the first hearing.
Final Order: After hearing both sides, the magistrate passes a final order granting or refusing relief.
Breach of Protection Orders: Breach of a protection order is a criminal offence punishable with imprisonment up to one year or fine up to Rs. 20,000 or both.
Defending Against False DV Act Complaints
While the DV Act is an important protective legislation, Advocate Shaw has also witnessed its misuse. Genuine respondents — husbands, fathers-in-law, and other relatives — sometimes face exaggerated or entirely false allegations. Defences include:
No Domestic Relationship: The respondent is not in a domestic relationship with the complainant.
No Shared Household: The respondent and the complainant never lived in a shared household.
Vague and Unsubstantiated Allegations: The complaint contains general allegations without specific instances, dates, or details.
Mala Fides: The complaint is motivated by vengeance or is a counterblast to divorce or maintenance proceedings.
Settlement: In many cases, DV Act complaints are settled as part of an overall resolution of matrimonial disputes, including mutual consent divorce.
Relationship Between DV Act and Section 498A IPC
The DV Act and Section 498A IPC (cruelty by husband or relatives) operate in different spheres:
DV Act: A civil law focused on protection and rehabilitation. Proceedings are quasi-criminal. The standard of proof is the balance of probabilities.
Section 498A IPC: A criminal provision focused on punishment. The standard of proof is beyond reasonable doubt.
A woman can simultaneously pursue remedies under both the DV Act and Section 498A, as they are not mutually exclusive. However, the Supreme Court has cautioned against the mechanical invocation of Section 498A and directed police to conduct preliminary inquiries before making arrests in dowry harassment cases.