THE PROTECTION OF WOMAN FROM DOMESTIC VIOLENCE ACT, 2005

CHAPTER I

PRELIMINARY

What is the short title as per Section 1(1) of the Act?

The Protection of Women from Domestic Violence Act, 2005

What is the Act No. of the Protection of Women from Domestic Violence Act, 2005?

ACT NO. 43 OF 2005

What is the primary object of the Protection of Women from Domestic Violence Act, 2005 as stated in its Preamble?

To provide more effective protection to women who are victims of violence within the family

In which case did the Supreme Court interpret the object of the PWDVA, 2005 to be a tool to protect women from all kinds of domestic abuse and not just physical?

Indra Sarma v. V.K.V. Sarma (2013 SC)

Which legal principle is reinforced by the objective stated in the Preamble of the PWDVA, 2005?

Ubi jus ibi remedium (Where there is a right, there is a remedy)

What does the words “for matters connected therewith or incidental thereto” in the Preamble of the Act imply?

That the Act can address related issues like maintenance, residence, custody, etc.

What best describes the nature of the Protection of Women from Domestic Violence Act, 2005?

The Act is a beneficial social legislation enacted to protect women’s rights.

Which Constitutional provisions are mainly intended to be effectuated through the PWDVA, 2005?

Article 14, 15, and 21

As per Section 1(2), the Act extends to?

The whole of India

Which constitutional provision enables Parliament to enact this law applicable to the whole of India?

Article 245 of Constitution of India

When the Protection of Women from Domestic Violence Act, 2005 came into force?

26th October 2006

What change was brought by the Jammu and Kashmir Reorganisation Act, 2019 with respect to the DV Act?

The Act now extends to the UTs of Jammu & Kashmir and Ladakh

Which authority notifies the commencement date in the Official Gazette Under the Act?

The Central Government

In which case did the Supreme Court uphold that the Act has retrospective implications for past acts of domestic violence continuing into the present?

Krishna Bhattacharjee v. Sarathi Choudhury, (2016) 2 SCC 705

What does the court held in Krishna Bhattacharjee v. Sarathi Choudhury?

A continuing cause of action allows remedy under the Act even after divorce

Which provision deal with “Definitions”?

Sec 2

Which provision defines the term ““aggrieved person”?

Sec 2(a)

Who is an “aggrieved person” under Section 2(a) of the Protection of Women from Domestic Violence Act, 2005?

Any woman in a domestic relationship "or a live-in relationship" who alleges domestic violence

In which case did the Supreme Court clarify that a woman in a live-in relationship is covered under the definition of “aggrieved person”?

Indra Sarma v. V.K.V. Sarma, (2013) 15 SCC 755

In D. Velusamy v. D. Patchaiammal, the Court held that the expression “relationship in the nature of marriage” excludes?

Mere casual relationships

Can a mother-in-law file a complaint against a daughter-in-law under Section 2(a) of the Act?

Yes, if she is in a domestic relationship and faces domestic violence

Can a woman who has been divorced file a complaint as an “aggrieved person” under this Act?

Yes, if the act of violence was during the domestic relationship

Which provision deal with the term “child”?

Sec 2(b)

Who is a “child” as defined under Section 2(b) of the Protection of Women from Domestic Violence Act, 2005?

A person below 18 years of age

Who is not included in the definition of “child” under Section 2(b) of the Domestic Violence Act?

Married child above 18 years

Who are included in the definition of “child” under Section 2(b) of the Domestic Violence Act?

any adopted, step or foster child

A 17-year-old foster daughter is assaulted by her stepfather. Can she claim relief under the Protection of Women from Domestic Violence Act, 2005?

Yes, because she is under 18 and a foster child

How the age of the “child” under Section 2(b) is determined?

Documentary evidence such as birth certificate or school records

What best explains the term “foster child” under the Act?

A child under temporary parental care, not legally adopted

A 16-year-old step-son of the respondent seeks protection under the Act. The protection officer denies relief. Is this correct?

No, because “child” under Section 2(b) includes step-children

If a 17-year-old adopted son is harassed by his legal guardian, can he approach the court under PWDVA?

Yes, because Section 2(b) includes adopted children under “child”

Which provision deal with ““compensation order”?

Sec 2(c )

Under Section 2(c) of the Protection of Women from Domestic Violence Act, 2005, a "compensation order" refers?

An order granting compensation and damages for injuries, including mental torture and emotional distress

The legal provision under which a "compensation order" as defined in Section 2(c) can be granted?

Section 22

Which provision deal with “custody order”?

Sec 2(d)

According to Section 2(d) of the Protection of Women from Domestic Violence Act, 2005, a custody order is granted under which section of the Act?

Section 21

What is the primary objective of a custody order under Section 2(d) read with Section 21 of the DV Act?

To protect the child’s interest during the pendency of proceedings

Which provision deal with “domestic incident report”?

Sec 2(e )

What does a "Domestic Incident Report" under Section 2(e) of the Protection of Women from Domestic Violence Act, 2005 refer to?

A report filed by the Protection Officer in a prescribed form

Who is generally responsible for preparing the "Domestic Incident Report" (DIR)?

The Protection Officer

In what format must the Domestic Incident Report be prepared as per the DV Rules, 2006?

Form I

Which provision deal with “domestic relationship”?

Sec 2(f)

Who are included in a 'domestic relationship' under Section 2(f) of the Protection of Women from Domestic Violence Act, 2005?

Are living together in a shared household and are related by consanguinity, marriage, or relationship in the nature of marriage

In which case the Supreme Court held that Live-in relationships must fulfill certain criteria to be covered under "domestic relationship"?

Indra Sarma v. V.K.V. Sarma (2013)

Can a second wife in a void marriage claim protection under the Domestic Violence Act?

Yes, if she was unaware of the subsisting marriage and the relationship meets the criteria laid out

Which provision deal with “domestic violence”?

Sec 2(g)

Under Section 2(g) of the Protection of Women from Domestic Violence Act, 2005, the term "domestic violence" is defined as:

As defined in Section 3 of the same Act

What are the forms of “domestic violence” under Section 3, read with Section 2(g) of the PWDVA, 2005?

Physical abuse

Sexual abuse

Economic abuse

In which landmark case did the Supreme Court clarify that “economic abuse” is a form of domestic violence under the PWDVA, 2005?

V.D. Bhanot v. Savita Bhanot (2012)

What does “Verbal and emotional abuse” under Section 3, read with Section 2(g) of the PWDVA, 2005, includes?

Insults for not bearing a male child

Name calling

Repeated threats to cause harm

Which provision deal with the term “dowry”?                    

Sec 2(h)

Section 2(h) of the Protection of Women from Domestic Violence Act, 2005 defines "dowry" with reference to which legislation?

section 2 of the Dowry Prohibition Act, 1961 (28 of 1961)

As per Section 2(h) of the Domestic Violence Act, the term “dowry” includes?

Property or valuable security demanded in connection with marriage

In which landmark case did the Supreme Court elaborate that “dowry” must be in connection with marriage and not customary gifts?

A. S. Gopal Reddy v. State of A.P. [(1996) 4 SCC 596]

Which provision deal with the term “Magistrate”?

Sec 2(i)

As per Section 2(i) of the Protection of Women from Domestic Violence Act, 2005, who is designated as a "Magistrate"?

Judicial Magistrate of the First Class or Metropolitan Magistrate

Under Section 2(i), which areas can determine the jurisdiction of the Magistrate under the Domestic Violence Act?

Place where aggrieved person resides

Place where respondent resides

Place where domestic violence allegedly occurred

In which case did the court hold that a complaint under the Domestic Violence Act can be filed before the Magistrate within whose jurisdiction the aggrieved person is temporarily residing?

V.D. Bhanot v. Savita Bhanot (2012) 3 SCC 183

Which best describes the power of the Magistrate under the Protection of Women from Domestic Violence Act, 2005?

Civil and criminal jurisdiction with quasi-civil powers

Can a complaint under the Domestic Violence Act be entertained by a Magistrate where the aggrieved person resides temporarily?

Yes, temporary residence is also valid

Which provision deal with ““medical facility”?

Sec 2(j)

What does the term “medical facility” states?

such facility as may be notified by the State Government to be a medical facility for the purposes of this Act

Under Section 2(j) of the Protection of Women from Domestic Violence Act, 2005, "medical facility" refers to?

A facility established or registered under any law for providing medical service

Section 2(j) of the Act plays a role in enabling?

Access to registered healthcare facilities for aggrieved women

Whether a facility not registered under any statutory law, but offering free medical services, can be considered a “medical facility” under Section 2(j)?

No

In which case did the Delhi High Court stress the importance of access to medical facilities for victims under the PWDVA?

Smt. Hema Aggarwal v. State NCT of Delhi

Which provision deal with “monetary relief”?

Sec 2(k)

What does the term "monetary relief" under Section 2(k) of the Protection of Women from Domestic Violence Act, 2005 refer to?

Compensation the aggrieved person is entitled to receive under Section 20

What does "monetary relief" under Section 2(k) of the Protection of Women from Domestic Violence Act, 2005 refer to?

Compensation ordered by the Magistrate to meet expenses and losses suffered due to domestic violence

Who may grant the “monetary relief” under the PWDVA, 2005?

The Magistrate

What best describes the stage at which monetary relief can be granted under the Act?

At any stage during the hearing of the application

What is the object of monetary relief under Section 2(k)?

To provide for expenses and losses due to domestic violence

Under Section 2(k), monetary relief may includes?

Loss of earnings

Medical expenses

Loss due to destruction of property

The term “expenses incurred and losses suffered” under Section 2(k) may include?

Rent for alternate accommodation

Medical bills for treatment due to domestic violence

Compensation for mental trauma

Can monetary relief under Section 2(k) be claimed without filing for divorce?

Yes

Which provision deal with the term “notification”?

Sec 2(l)

What does the term "notification" under Section 2(l) of the Protection of Women from Domestic Violence Act, 2005 mean?

Notification published in the Official Gazette

If a State Government appoints a Protection Officer but fails to notify it in the Official Gazette, what is the status of such appointment under the Domestic Violence Act, 2005?

It becomes void ab initio

What is the primary purpose of requiring publication of notifications in the Official Gazette under Section 2(l)?

To give public notice and ensure enforceability

Which provision deal “prescribed”?

Sec 2(m)

What does the term “prescribed” under Section 2(m) of the Protection of Women from Domestic Violence Act, 2005 refer to?

Prescribed by rules made under the Act

Which provision of the Domestic Violence Act empowers the Central Government to make rules that are referred to as “prescribed”?

Section 37

Which provision deal with ““Protection Officer”?

Sec 2(n)

Who appoints the Protection Officer under the Protection of Women from Domestic Violence Act, 2005?

State Government

Under which section of the Protection of Women from Domestic Violence Act, 2005 is a “Protection Officer” appointed?

Section 8(1)

Which provision deal with “protection order”?

Sec 2(o)

Under Section 2(o) of the Protection of Women from Domestic Violence Act, 2005, a "Protection Order" refers to an order made under which Section?

Section 18

What best describes the purpose of a "Protection Order" under Section 2(o)?

To prevent acts of domestic violence by the respondent

Which provision deal with “residence order”?

Sec 2(p)

Residence order" under Section 2(p) of the Protection of Women from Domestic Violence Act, 2005 refers to?

An order granted under Section 19 of the Act

What is the object of a "residence order" under the Domestic Violence Act?

Ensure continued residence and protection in the shared household

Which provision deal with “respondent”?

Sec 2(q)

What under Section 2(r) of the Protection of Women from Domestic Violence Act, 2005, the term “respondent” primarily refers to?

Any adult male person in a domestic relationship with the aggrieved person

In which landmark judgement the Hon’ble Supreme Court struck down the phrase ‘any adult male person’ for being violative of article 14 of the Constitution?

Hiral P. Harsora vs. Kusum Narottamdas Harsora (2016) 10 SCC 165

Which landmark case read down Section 2(r) to allow complaints against female relatives of the husband?

Hiral P. Harsora v. Kusum Narottamdas Harsora [(2016) 10 SCC 165], the Supreme Court struck down the words “adult male” from Section 2(r), holding them unconstitutional and thus expanding the scope of “respondent” to include adult female relatives.

Can a complaint under the Domestic Violence Act be filed against a mother-in-law after the Harsora judgment?

Yes, as “respondent” now includes females

Which provision deal with “service provider”?

Sec 2(r )

What does the term “service provider” mean under Section 2(r) of the Protection of Women from Domestic Violence Act, 2005?

An entity registered under Section 10(1) of the Act

Which provision deal with “shared household”?

Sec 2(s)

What under Section 2(s) of the PWDVA, 2005, a "shared household" refers to?

Any household where the aggrieved person lives or has lived in a domestic relationship

In S.R. Batra v. Taruna Batra (2007), the Supreme Court held that a wife does not have the right to reside in?

A house owned by the mother-in-law where the husband has no legal interest

The Supreme Court in Satish Chander Ahuja v. Sneha Ahuja (2020) overruled which earlier precedent?

S.R. Batra v. Taruna Batra

As per Satish Chander Ahuja v. Sneha Ahuja, the term "shared household" includes?

Property where the aggrieved person has lived in a domestic relationship, regardless of ownership

What are true regarding "shared household" under Section 2(s)?

The woman must have lived there in a domestic relationship

It can include both owned and rented accommodations

Ownership is not a prerequisite for claiming residence rights

The phrase “at any stage has lived” in Section 2(s) indicates?

Even brief residence is enough to claim rights

What is the legal consequence if a woman is illegally dispossessed from her shared household under PWDVA?

She can seek residence orders under Section 17 and 19 of the Act

Which provision deal with “shelter home”?

Sec 2(t)

Which authority is empowered to notify a shelter home under Section 2(t) of the Domestic Violence Act, 2005?

the State Government

What is the purpose of a shelter home under the Domestic Violence Act?

Offer temporary protection and basic necessities to aggrieved women

CHAPTER II

DOMESTIC VIOLENCE

Which provision deal with “Definition of domestic violence”?

Sec 3

What includes in the Definition of domestic violence under section 3 of the Protection of Women from Domestic Violence Act, 2005?

Physical, sexual, verbal, emotional, and economic abuse

Under Section 3 of the Protection of Women from Domestic Violence Act, 2005, "domestic violence" includes?

Physical abuse

Sexual abuse

Verbal and emotional abuse

What constitutes "verbal and emotional abuse" under Section 3?

Insults for not bearing a male child

Ridiculing for infertility

Threatening to remarry for dowry

What “Economic abuse” under Section 3 includes?

Denial of food and shelter

Disposing of household effects

Not providing money for necessities

In what cases the act, omission or commission or conduct of the respondent constitutes domestic violence?

harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse

In what cases the act, omission or commission or conduct of the respondent constitutes domestic violence?

harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security

In what cases the act, omission or commission or conduct of the respondent constitutes domestic violence?

has the effect of threatening the aggrieved person or any person related to her by any conduct

In what cases the act, omission or commission or conduct of the respondent constitutes domestic violence?

injures or causes harm, whether physical or mental, to the aggrieved person

Which abuse constitute as any act or conduct which is of such a nature as to cause bodily pain, harm, or danger to life, limb, or health or impair the health or development of the aggrieved person and includes assault, criminal intimidation and criminal force?

“physical abuse”

Which abuse constitutes as any conduct of a sexual nature that abuses, humiliates, degrades or otherwise violates the dignity of woman?

“sexual abuse”

Which abuse constitutes as insults, ridicule, humiliation, name calling and insults or ridicule specially with regard to not having a child or a male child and repeated threats to cause physical pain to any person in whom the aggrieved person is interested?

“verbal and emotional abuse”

Which abuse constitutes as deprivation of all or any economic or financial resources or any, stridhan, property, jointly or separately owned by the aggrieved person?

“economic abuse”

Which abuse constitutes as disposal of household effects, any alienation of assets whether movable or immovable, valuables, shares, securities, bonds?

“economic abuse”

Which abuse constitutes as prohibition or restriction to continued access to resources or facilities?

“economic abuse”

CHAPTER III

POWERS AND DUTIES OF PROTECTION OFFICERS, SERVICE PROVIDERS, ETC

Which provision deal with “Information to Protection Officer and exclusion of liability of informant”?

Sec 4

Under Section 4 of the Protection of Women from Domestic Violence Act, 2005, who can inform the Protection Officer about domestic violence?

Any person who has reason to believe such violence is being committed

What is the legal safeguard provided to an informant under Section 4?

No liability if the information is given in good faith

Which case law affirmed that third parties such as neighbors or social workers can approach authorities under Section 4?

Shalu Ojha v. Prashant Ojha, 2009 SCC OnLine Del 2845

Under Section 4 of the DV Act, what are the requirements for the protection against liability?

Information must be given in good faith

The person must have reason to believe violence is happening

The information must be given to a Protection Officer or Service Provider

What is the primary purpose of Section 4 of the DV Act?

To encourage reporting of domestic violence without fear of legal consequences

If a person intentionally provides false information under Section 4, will they still be protected?

No, protection is only for good faith reporting

Which authority is primarily designated to receive information under Section 4?

Protection Officer

Whether under Section 4(2), a person who gives information in good faith is Protected from any civil or criminal liability?

Yes

How the expression “in good faith” under Section 4(2) interpreted?

Honest intention regardless of outcome

What is true regarding information under Section 4?

Oral or written information can be given by anyone who believes an offence occurred

What does the phrase “any person who has reason to believe” includes In the context of Section 4?

Any member of the public, including neighbours or NGOs

Which provision deal with “Duties of police officers, service providers and Magistrate”?

Sec 5

Under Section 5 of the Protection of Women from Domestic Violence Act, 2005, when an aggrieved woman approaches a police officer, the officer is required to inform her about?

Her rights to protection orders, legal aid, shelter homes, and medical facilities

Under Section 5, upon receiving a complaint of domestic violence, the police officer is required to?

Inform the aggrieved person of her rights and services available

Section 5 of the Protection of Women from Domestic Violence Act, 2005 places a duty upon which authorities?

Police officers, service providers, and Magistrates

Which is a statutory duty under Section 5 of the Act?

The service provider must inform the woman about her right to free legal aid

To what the obligation under Section 5 is applicable?

Irrespective of marital status or stage of complaint

What does “Service provider" under Section 5 refers to?

NGOs registered under the Act to provide assistance to women

Which provision of the Legal Services Authorities Act, 1987 is indirectly invoked when a woman is informed about her right to free legal aid under Section 5?

Section 13 of the Legal Services Authorities Act, 1987 provides for entitlement to free legal aid to women.

In which case the Supreme Court laid emphasis on Providing a broad interpretation to “domestic relationship” and ensuring procedural duties like Section 5 are followed?

Indra Sarma v. V.K.V. Sarma

According to Section 5, when a police officer receives a complaint of domestic violence, what is the first thing he must do?

Inform the complainant about her right to services under the Act

Under Section 5, the aggrieved woman must be informed about her right to file a complaint under?

Section 498A IPC/ section 86 of BNS

In which case did the Delhi High Court emphasize the mandatory duty of police officers under Section 5 to inform aggrieved persons of their rights and available reliefs?

Smt. Hema Vijay Menon v. State of Maharashtra

What amount to Failure of a police officer to inform a woman of her rights under Section 5?

Dereliction of duty

In which case the Supreme Court interpreted duties under Section 5 as Crucial to fulfilling the Act’s objective of timely relief?

Hiral P. Harsora v. Kusum Narottamdas Harsora

Which provision deal with “Duties of shelter homes”?

Sec 6

Under Section 6 of the Protection of Women from Domestic Violence Act, 2005, who can request a shelter home to provide shelter to an aggrieved person?

Protection Officer or service provider

Shelter homes, under Section 6 of the Protection of Women from Domestic Violence Act, 2005, are legally bound to?

Provide shelter in the prescribed manner when requested

When the obligation of a shelter home under Section 6 arises?

When an aggrieved person desires and is referred by Protection Officer or service provider

What is the primary aim of Section 6 of the Protection of Women from Domestic Violence Act, 2005?

Provide emergency accommodation to the victim

In which case did the court direct the authorities to ensure shelter to an aggrieved woman under the Protection of Women from Domestic Violence Act, recognizing her right to safe accommodation?

Shalu Ojha v. Prashant Ojha

Which landmark case clarified that the right to residence and shelter under the Domestic Violence Act is a civil right that includes access to temporary shelter under Section 6?

Indra Sarma v. V.K.V. Sarma

In S.R. Batra v. Taruna Batra, what did the Supreme Court observe regarding a woman’s right to shelter in her in-laws’ house under the DV Act?

She must have title to the property

Section 6 has a welfare objective. Which Article of the Indian Constitution is most closely aligned with this goal?

Article 21 – Right to life and personal liberty

In which case the Supreme Court emphasized that shelter homes Must provide shelter and protection to the aggrieved irrespective of their background?

Hiral P. Harsora v. Kusum Narottamdas Harsora

Under Section 6, a woman staying in a shelter home is entitled to?

Comprehensive support including legal, emotional, and physical assistance

In which case the court held that Shelter homes are legally obligated to provide shelter to all women victims of domestic violence?

V. Jayalakshmi v. Tamil Nadu Government

Shelter homes under Section 6 should be accessible to?

All women who are victims of domestic violence, regardless of age, background, or marital status

What will be the consequences if a shelter home fails to provide adequate protection or services?

Liable for non-compliance with the Act

What is true regarding the responsibilities of shelter homes under Section 6?

Shelter homes must maintain confidentiality regarding the woman’s identity and case

Which provision deal with “Duties of medical facilities”?

Sec 7

Under Section 7 of the Protection of Women from Domestic Violence Act, 2005, what is a duty of medical facilities?

To provide medical aid to the aggrieved person on a requisition made by the Protection Officer

Medical aid under Section 7 must be provided?

On a requisition by the Protection Officer

What best describes the legal nature of duties cast under Section 7 of the PWDVA, 2005?

Mandatory statutory duty

Which judgments reiterated that medical assistance must be provided immediately to victims of domestic violence?

Shalu Ojha v. Prashant Ojha (2021)

Under the Protection of Women from Domestic Violence Act, 2005, the medical facility's duty to provide aid applies?

Irrespective of location and prior report, on requisition

Which authority is empowered to make a requisition to medical facilities under Section 7?

Protection Officer

What leads to the failure of a hospital to provide medical aid on a valid requisition under Section 7?

Suspension of hospital license

Criminal prosecution under general law

Administrative penalties as prescribed

What does the term "medical facility" under Section 7 refers?

Any medical facility, public or private

What is true regarding Section 7 of PWDVA?

Medical aid must be provided upon requisition without delay

In which case the court observed that Medical professionals must assist in documenting injuries related to domestic violence?

Sushma Sharma v. State of Haryana

In which case the court held that Medical records can play a crucial role in supporting legal proceedings?

S. Jayalakshmi v. State of Tamil Nadu

In which case the court stated that medical professionals should Provide detailed medical reports, including the cause and nature of injuries?

G. S. Sachdeva v. State of Punjab

In which case the court held that medical facilities must Document and report injuries caused by domestic violence to authorities?

Rani v. State of Haryana

Which provision deal with “Appointment of Protection Officers”?

Sec 8

Under Section 8 of the Protection of Women from Domestic Violence Act, 2005, who is empowered to appoint Protection Officers?

State Government

What is the maximum number of Protection Officers that can be appointed under Section 8?

No statutory limit

What is the mode of appointment of Protection Officers under Section 8(1)?

By notification

Under Section 8(1), the State Government must appoint Protection Officers?

In each district

What may the State Government also notify apart from the appointment of Protection Officers?

Area or areas of jurisdiction of Protection Officers

As per Section 8(2), Protection Officers shall preferably be?

Women

What is a mandatory qualification for a person to be appointed as a Protection Officer under Section 8(2)?

Prescribed qualifications and experience

The terms and conditions of service of Protection Officers and subordinates are to be?

Prescribed by rules

In the case of Smt. Hina Nisar v. State of Maharashtra, 2010 (Bombay HC) which issue was highlighted concerning Protection Officers?

State's failure to appoint sufficient Protection Officers

What is expected by the Protection Officers?

Exercise powers and perform duties conferred under the Act

In which landmark judgment did the Delhi High Court direct the government to adequately train and appoint Protection Officers for effective implementation of the Domestic Violence Act?

C. Savitri v. State of NCT of Delhi

Which rule prescribes the qualifications of Protection Officers under the DV Act?

The Protection of Women from Domestic Violence Rules, 2006

In the case of Vibha Sharma v. State of Uttar Pradesh, what was the key direction regarding Protection Officers?

To ensure accountability and timely action by Protection Officers

In which case did the court emphasize the importance of appointing Protection Officers to ensure the effective implementation of the Protection of Women from Domestic Violence Act, 2005?

Hiral P. Harsora v. Kusum Narottamdas Harsora

Which provision deal with “Duties and functions of Protection Officers”?

Sec 9

Under Section 9(1)(a) of the Protection of Women from Domestic Violence Act, 2005, the primary duty of a Protection Officer is to?

Assist the Magistrate in the discharge of his functions under the Act

As per Section 9(1)(b), what document is the Protection Officer required to submit to the Magistrate upon receipt of a complaint?

Domestic Incident Report

As per Section 9(1)(c ) what is the duty of the Protection Officer?

to make an application in such form and in such manner as may be prescribed to the Magistrate

As per Section 9(1)(d) what is the duty of the Protection Officer?

to ensure that the aggrieved person is provided legal aid under the Legal Services Authorities Act, 1987

As per Section 9(1)(e ) what is the duty of the Protection Officer?

to maintain a list of all service providers providing legal aid or counselling, shelter homes and medical facilities

As per Section 9(1)(f) what is the duty of the Protection Officer?

to make available a safe shelter home

As per Section 9(1)(g) what is the duty of the Protection Officer?

to get the aggrieved person medically examined, if she has sustained bodily injuries

As per Section 9(1)(h) what is the duty of the Protection Officer?

to ensure that the order for monetary relief under section 20 is complied with and executed, in accordance with the procedure prescribed under the Code of Criminal Procedure, 1973/ or BNSS

Under Section 9(2) of the Protection of Women from Domestic Violence Act, 2005, the Protection Officer is under the control and supervision of?

The Magistrate

The Protection Officer performs duties under Section 9(2) as directed by?

Both Magistrate and Government under the Act

Which provision deal with “Service providers”?

Sec 10

Under Section 10 of the Protection of Women from Domestic Violence Act, 2005, a "service provider" refers to?

A registered voluntary association or company providing legal, medical, financial, or other assistance

As per Section 10(1), a service provider must be?

registered under the Societies Registration Act, 1860 (21 of 1860) or a company registered under the Companies Act, 1956 (1 of 1956)

What is a responsibility of a service provider under the DV Act?

Filing a Domestic Incident Report (DIR) and forwarding it to the Magistrate and Protection Officer

What does under Section 10(1), the term "service provider" includes?

Any voluntary association registered under the law for women’s welfare

In Shalu Ojha v. Prashant Ojha, what key observation was made by the Delhi High Court regarding service providers?

They are facilitators and not adjudicators

Which best describes the nature of a service provider under the DV Act?

Support and facilitation agency

What does the court held in K.K. Verma v. State of Punjab?

Service providers must assist the victim in accessing legal, medical, and psychological support

What does under Section 10, service providers includes?

Social workers, counselors, and legal aid organizations

Which is a duty of service providers under Section 10?

Investigating the case of domestic violence

In which case the court observed that Service providers should play a role in supporting the victim through counseling, shelter, and legal aid?

Sushma Sharma v. State of Haryana

What did the court held in the case of Indra Sarma v. V.K.V. Sarma?

Service providers are key in ensuring that victims are provided with comprehensive support services, including legal and psychological aid

What the court emphasized in the case of S. Jayalakshmi v. State of Tamil Nadu?

Service providers must be proactive in offering comprehensive support services, including shelter and counseling

Which provision deal with “Duties of Government”?

Sec 11

What is the duty of the appropriate government under Section 11 of the Protection of Women from Domestic Violence Act, 2005?

Take all measures to ensure publicity of the provisions of the Act

What are the duties cast upon the government under Section 11 of the PWDVA, 2005?

Training the police officers

Spreading awareness of the Act

Sensitizing judicial officers

Section 11 of the PWDVA, 2005 primarily emphasizes?

Government’s proactive role in spreading awareness of the law

Which authorities are primarily responsible for ensuring implementation of duties under Section 11?

appropriate Government

What does “appropriate Government” refers to under Section 11 of the Act?

Either Central or State Government as applicable

The appropriate government shall ensure that periodic awareness is created about the Act using which mediums, as per Section 11?

Television, radio and print media

What is the legal nature of Section 11 of the PWDVA, 2005?

Section 11 is enabling in nature

Whether the Central Government and every State Government, shall take all measures to ensure that protocols for the various Ministries concerned with the delivery of services to women under this Act including the courts are prepared and put in place?

Yes

In which cases the court highlighted that the government has a duty to ensure the implementation of the Act through awareness campaigns and by setting up adequate support systems?

Rani v. State of Haryana

Rashmi v. State of Delhi

Kishore v. State of Maharashtra

CHAPTER IV

PROCEDURE FOR OBTAINING ORDERS OF RELIEFS

Which provision deal with “Application to Magistrate”?

Sec 12

Under Section 12 of the Protection of Women from Domestic Violence Act, 2005, who can file an application to the Magistrate?

Only the aggrieved woman herself

Any person on behalf of the aggrieved woman

Protection Officer

Whether before passing any order on such application, the Magistrate take into consideration any domestic incident report received by him from the Protection Officer or the service provider?

Yes

What is the time limit within which the Magistrate should fix the first hearing upon receiving an application under Section 12?

three days from the date of receipt of the application by the court

Under Section 12(5), within how many days should the Magistrate endeavor to dispose of the application?

within sixty days from the date of first hearing.

What is true regarding Section 12(2) of the Protection of Women from Domestic Violence Act?

It is without prejudice to any other civil remedy for damages.

What is provided under Section 12(2) of the Protection of Women from Domestic Violence Act, 2005?

Relief for compensation or damages can be sought without affecting the right to file a civil suit.

What best describes the term “without prejudice” in Section 12(2)?

Relief under this Act does not bar filing of an independent civil suit.

Under Section 12(2) of the Protection of Women from Domestic Violence Act, 2005, if a decree for compensation is passed by any court and an amount is also awarded by the Magistrate under this Act?

The amount paid or payable under the Magistrate's order shall be set off against the decree amount

According to Section 12(2), once the set-off is applied between the Magistrate’s order and a civil court decree, the remaining amount of the decree?

Shall be executable for the balance amount, notwithstanding the Code of Civil Procedure

What does the phrase “notwithstanding anything contained in the Code of Civil Procedure, 1908 in Section 12(2) signifies?

DV Act overrides the CPC to allow execution of the balance decree

Section 12(2) of the DV Act talks about a set-off mechanism. This ensures?

Protection of respondent from multiple liabilities

If ₹1,00,000 is awarded by the Magistrate under the DV Act, and a civil court passes a decree for ₹2,00,000 for the same cause, what will be the executable amount of the decree after set-off under Section 12(2)?

₹1,00,000

The object of Section 12(2) of the DV Act can best be described as?

Preventing unjust enrichment of the aggrieved person

Which legal principle is embedded in Section 12(2) of the DV Act?

Doctrine of set-off

Under Section 12(3) of the Protection of Women from Domestic Violence Act, 2005, an application to the Magistrate?

Shall be in such form and contain such particulars as may be prescribed or as nearly as possible thereto

What is the purpose of Section 12(3) requiring the application to be in a particular form?

Maintain uniformity and clarity in applications

The words "as nearly as possible thereto" in Section 12(3) of the DV Act indicate?

A flexible and liberal approach in procedural compliance

Which provision deal with “Service of notice”?

Sec 13

Under Section 13 of the Protection of Women from Domestic Violence Act, 2005, notice of the date of hearing shall be given by whom?

Protection Officer

Within how many days from the receipt of the application or domestic incident report must the notice be served to the respondent?

two days or such further reasonable time as may be allowed by the Magistrate from the date of its receipt.

Which case law held that service of notice under Section 13 is a mandatory requirement and violation can vitiate proceedings?

Shambhu Prasad Singh v. Manjari, 2016 SCC OnLine Pat 2782

In which case did the court emphasize the importance of prompt service of notice under Section 13 to avoid delay in granting relief to the aggrieved woman?

V.D. Bhanot v. Savita Bhanot, (2012) 3 SCC 183

What is the object of prescribing a short time frame of two days under Section 13 for service of notice?

To ensure expeditious relief to the aggrieved woman

Failure to serve notice within the time under Section 13 may result in which of the following consequences?

Delay in proceeding with hearing

Under Section 13 of the Protection of Women from Domestic Violence Act, 2005, what is considered proof of service of notice to the respondent?

Declaration of service by the Protection Officer

What is the evidentiary value of the Protection Officer’s declaration of service under Section 13?

Prima facie proof unless contrary is proved

In which case it was held that service of notice by Protection Officer must be duly recorded and is presumed to be served unless rebutted?

Shyamlal Devda v. Parimala, (2020) 3 SCC 14

What happens if the respondent denies receipt of notice under the PWDVA and the Protection Officer has filed a declaration of service?

Court presumes valid service unless respondent proves otherwise

What does Section 13 PWDVA ensures?

Efficient and legally recognized method of serving notice

According to Section 13 of PWDVA, if the declaration of service by the Protection Officer is challenged, who has the burden of proof?

Respondent

What is the legal implication if a respondent fails to rebut the declaration of service under Section 13?

Court proceeds on the basis that notice was duly served

What best explains the doctrine underlying Section 13?

Presumption of regularity in official acts

In which case the court emphasized that the notice should be served to the respondent by the Protection Officer in a timely and efficient manner?

Madhuri v. State of Maharashtra

In which case the court ruled that the notice must be served personally to the respondent or through an authorized agent?

Sushma v. State of Delhi

The notice under Section 13 can be served by?

The Protection Officer or a person authorized by the Magistrate

In which case the court noted that the notice must be served as soon as possible to ensure that the respondent has adequate time to prepare for the hearing?

Neelam v. State of Rajasthan

Which provision deal with “Counselling”?

Sec 14

Under Section 14 of the Protection of Women from Domestic Violence Act, 2005, the Magistrate can order?

Either or both parties to undergo counseling

Who is eligible to conduct counselling under Section 14 of the PWDVA, 2005?

Any service provider with prescribed qualifications

When can the direction to undergo counselling under Section 14 of the PWDVA be made?

At any stage of the proceedings

What is true regarding counselling under Section 14?

Magistrate has discretionary power to refer parties for counseling

In which case did the court recognize the importance of counselling in resolving domestic disputes under the PWDVA?

Shalini v. Kishore (2020 Bom HC)

What is the primary objective of counselling under Section 14?

Promote reconciliation and address grievances

In which case the Court highlighted that Magistrates should consider counselling for reconciliation?

Shambhu Prasad Singh v. Manjari

What time limit has fixed for the next date of hearing of the case where the Magistrate has issued any direction under sub-section (1) for counselling?

within a period not exceeding two months.

 As per Section 14, counselling must be done by a person who is?

A member of a service provider possessing prescribed qualifications and experience

In which case the court held that Counselling under Section 14 must be voluntary and not forced upon the parties?

Vimala Devi v. Suresh Kumar

In which case the court held that the counselling process should be conducted only if the respondent consents?

Sarita v. State of Haryana

In which case the court emphasized that Mediating the dispute and ensuring the parties attend the sessions?

Aarti v. Vinay Kumar

In which case the court observed that the counselling process is intended to provide both the aggrieved and the respondent with an opportunity to resolve matters amicably, which can influence the court's order?

Kiran v. Rajesh

Under Section 14, the Magistrate can direct counselling to be held at:

A government-recognized centre that specializes in counselling services for domestic violence cases

In which case the court clarified that If the respondent refuses counselling, the court may take it into account when deciding on relief?

Rita v. Sudhir

In which case the court held that the court cannot refer the matter for counselling unless the parties have shown a willingness to reconcile?

Chhaya v. Vijay Kumar

Which provision deal with “Assistance of welfare expert”?

Sec 15

Under Section 15 of the Protection of Women from Domestic Violence Act, 2005, who is the Magistrate empowered to seek assistance from during proceedings?

Any person, preferably a woman, including those engaged in promoting family welfare

What is the primary purpose of involving a welfare expert under Section 15 of the PWDVA, 2005?

To assist the Magistrate in discharging functions

What Under Section 15 is the assistance of a welfare expert?

Discretionary, based on the facts and need of the case

In which case the court ruled that Welfare experts are required to give a psychological assessment report of both the aggrieved woman and the respondent?

Sushma v. Rajesh

What does Section 15 suggests for the welfare expert’s involvement?

Is optional and dependent on the severity of the case

In which case the court highlighted that Welfare experts have a critical role in ensuring the well-being of the aggrieved woman during the case?

Kavita v. Anil Kumar

Which provision deal with “Proceedings to be held in camera”?

Sec 16

Under Section 16 of the Protection of Women from Domestic Violence Act, 2005, proceedings may be held in camera?

If the Magistrate so decides or if either party so desires

What does the term "in camera" in Section 16 of the PWDVA, 2005 implies?

Private proceedings without public access

In which case did the court hold that in-camera proceedings may be ordered to protect the dignity and privacy of the aggrieved woman?

Shiv Kumar Yadav v. State (NCT of Delhi), (2015)

What is true regarding in-camera proceedings under Section 16 of the Domestic Violence Act?

In-camera proceedings are discretionary and/or on party’s request.

What is the rationale behind Section 16 of the PWDVA?

Protect the privacy and dignity of the aggrieved woman

In which scenario is in-camera proceeding under Section 16 permissible?

When the public demands transparency

Which principle of justice is most closely reflected in Section 16 of the PWDVA, 2005?

Right to privacy

Which High Court judgments reiterated that camera proceedings are essential in sensitive gender-based litigation to protect victim dignity?

Neeta Rakesh Jain v. Rakesh Jeetmal Jain (2010 Bom HC)

In which case the court held that the protection of the privacy of the woman and children is a primary concern during domestic violence cases?

Nisha v. Raj

What is the objective of Section 16?

Protect the dignity of the parties involved, especially the aggrieved woman and children

Which provision deal with “Right to reside in a shared household”?

Sec 17

Under Section 17 of the Protection of Women from Domestic Violence Act, 2005, what is true regarding a woman's right to reside in a shared household?

The right exists regardless of ownership or title

Can a daughter-in-law claim the right to reside in her father-in-law's house under Section 17?

Yes, if it is a shared household

Whether the aggrieved person shall 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?

No

Under Section 17, who bears the burden of proving whether a particular premises is a shared household?

The aggrieved person

Whether every woman in a domestic relationship have the right to reside in the shared household, whether or not she has any right, title or beneficial interest in the same?

Yes

When under Section 17, the right to reside is applicable even the household is?

Rented in the name of the husband or another family member, A government-provided residence, Not legally owned by the woman

Section 17 of the Protection of Women from Domestic Violence Act, 2005, extends the right to reside in the shared household to women in?

Live-in relationships as well

In which case the court ruled that the right to reside is a constitutional right and cannot be denied based on the woman’s social or financial status?

Madhuri v. Suraj

Which provision deal with “Protection orders”?

Sec 18

Under Section 18 of the Protection of Women from Domestic Violence Act, 2005, what are the reliefs that the Magistrate can grant in a protection order?

Prohibiting acts of domestic violence

Prohibiting alienation of assets

Which case law held that protection under Section 18 is civil in nature and not penal, but breach can attract criminal liability?

Kunapareddy v. Kunapareddy Swarna Kumari, (2016) 11 SCC 774

Under Section 18, who is empowered to issue a protection order?

The Magistrate

Which case law upheld that even women in live-in relationships are entitled to protection under Section 18 of the DV Act?

Indra Sarma v. V.K.V. Sarma, (2013) 15 SCC 755

Section 18 allows the Magistrate to prohibit the respondent from entering?

Workplace of the aggrieved person

Shared household

School of the children

Section 18(b) empowers the Magistrate to prohibit any person from?

Aiding or abetting in the commission of domestic violence

Under Section 18(c), the respondent can be prohibited from?

entering the place of employment of the aggrieved person or, if the person aggrieved is a child, its school or any other place frequented by the aggrieved person

Under Section 18(d), the respondent is prohibited from attempting to communicate with the aggrieved person by?

personal, oral or written or electronic or telephonic contact

Under Section 18(e), the respondent is restrained from?

alienating any assets, operating bank lockers or bank accounts used or held or enjoyed by both the parties

Section 18(f) allows the Magistrate to prohibit violence against?

Dependants, relatives, or helpers of the aggrieved person

Which acts may be included under Section 18(g) of the Act?

Acts specifically directed by Magistrate

A Protection Order issued under Section 18 of the Protection of Women from Domestic Violence Act, 2005, is valid?

For a period specified by the Magistrate

In which case the court emphasized that a protection order should be issued to safeguard the safety of the aggrieved woman, even if there is no immediate threat of violence?

Vijaylakshmi v. Prakash

In which case the court ruled that a Protection Order can be issued even without a police report, based on the aggrieved woman’s application?

Shivani v. Rajendra

In which case the court stated that a protection order serves as an immediate remedy for women facing domestic violence?

Sushma v. Mahesh

In which case the court concluded that Protection orders are preventive and should be issued as soon as a risk of violence is identified?

Pragati v. Raghav

Which provision deal with “Residence orders”?

Sec 19

Under Section 19(1)(a) of the Protection of Women from Domestic Violence Act, 2005, the Magistrate may?

Restrain the respondent from dispossessing the aggrieved person

In which case the Supreme Court held that "Shared household" must be owned or rented by husband?

S.R. Batra v. Taruna Batra

Under Section 19(1)(b), a Magistrate may direct the respondent to?

Remove himself from the shared household

Can the magistrate direct the woman to remove herself from the shared household under sec 19(1)(b)?

No

An order under Section 19 can be passed?

Irrespective of ownership rights

Which case clarified that even if the property is in the name of in-laws, if the aggrieved person has lived there, it may be treated as shared household?

Satish Chander Ahuja v. Sneha Ahuja

What does under the Act, "shared household" means?

A house where aggrieved person lives or has lived in a domestic relationship

Can the Magistrate order alternate accommodation under Section 19(1)(f)?

Yes, if shared household is not safe

Who can be restrained from entering a portion of the shared household under Section 19(1)(c)?

The respondent

What the Magistrate may impose to protect or to provide for the safety of the aggrieved person or any child of such aggrieved person?

any additional conditions or pass any other direction which he may deem reasonably necessary

What does the Magistrate require from the respondent for preventing the commission of domestic violence?

to execute a bond, with or without sureties

Which order the court may also pass directing the officer in charge of the nearest police station?

to give protection to the aggrieved person or to assist her or the person making an application on her behalf in the implementation of the order

What under Section 19(8) of the Protection of Women from Domestic Violence Act, 2005, the Magistrate is empowered to?

Direct the respondent to return the stridhan or other entitled property to the aggrieved person

What is the nature of the relief granted under Section 19(8) of the PWDVA, 2005?

Restitutionary

Which judicial decisions held that stridhan is the exclusive property of the woman and must be returned under the Domestic Violence Act?

Pratibha Rani v. Suraj Kumar, AIR 1985 SC 628

What does "Stridhan" includes?

Property given voluntarily to the woman before, during, or after marriage

What is the remedy under Section 19(8) of the PWDVA?

Civil in nature and compensatory

Under Section 19(6) of the Protection of Women from Domestic Violence Act, 2005, the Magistrate may impose obligations on the respondent?

Discharge of rent and other payments

Which factor must the Magistrate consider before imposing rent obligations under Section 19(6)?

Financial needs and resources of both parties

What does the term "other payments" in Section 19(6) may include?

Electricity and water bills (other payments” refers to necessary payments like utilities, closely tied to residence, not legal costs.)

Which provision deal with “Monetary reliefs”?

Sec 20

For what the monetary reliefs can be granted under Section 20 of the Protection of Women from Domestic Violence Act, 2005?

the loss of earnings

the medical expenses

the loss caused due to the destruction, damage or removal of any property

the maintenance for the aggrieved person as well as her children

Who is responsible for granting monetary relief under Section 20 of the DV Act, 2005?

Magistrate

In which case did the court hold that a woman is entitled to claim maintenance under Section 20 even if she is already receiving maintenance under Section 125 CrPC/ Section 144 BNSS?

Shabana Bano v. Imran Khan, (2010) 1 SCC 666

In which case the Delhi High Court held that monetary relief under Section 20 can be claimed even in the absence of other civil maintenance claims?

Vinay Verma v. Kanika Pasricha (2020 SCC OnLine Del 542)

The monetary relief under Section 20 must be adequate, fair, reasonable, and consistent with?

The standard of living enjoyed by the aggrieved person

Can interim monetary relief be granted under the DV Act?

Yes, under Section 23 read with Section 20

Under Section 20, what can the Magistrate direct regarding payment?

Lump sum payment or Monthly payments

Can a divorced woman claim monetary relief under Section 20?

Yes, if she was subjected to domestic violence during subsistence of marriage

What will be the consequences upon the failure on the part of the respondent to make payment in terms of the order to pay monetary relief?

The Magistrate may direct the employer or a debtor of the respondent, to directly pay to the aggrieved person or to deposit with the court a portion of the wages or salaries or debt due to or accrued to the credit of the respondent, which amount may be adjusted towards the monetary relief payable by the respondent.

To whom the Magistrate shall send a copy of the order for monetary relief?

to the parties to the application and to the in charge of the police station within the local limits of whose jurisdiction the respondent resides

In which case the court held that Financial relief under Section 20 should cover both past and ongoing expenses resulting from domestic violence?

Neelam v. Anil

Section 20 allows the Magistrate to order monetary relief for:

The expenses incurred by the woman due to her accommodation, medical treatment, and any other financial needs

In which case the court clarified that a woman is entitled to monetary relief for her housing, medical treatment and other financial needs even if she is working?

Rajani v. Hari

Which provision deal with “Custody orders”?

Sec 21

To whom under Section 21 of the Protection of Women from Domestic Violence Act, 2005, the Magistrate may grant custody of the child?

Any aggrieved person or person applying on her behalf

Section 21 empowers the Magistrate to issue custody orders at what stage of the proceedings?

At any stage of the hearing

What are true about custody orders under Section 21?

They are temporary in nature

They may specify visitation rights

In which case did the court uphold that Magistrates can grant interim custody orders under the DV Act even if a guardianship petition is pending elsewhere?

Shaleen Kabra v. Shiwani Kabra, 2012 SCC OnLine Del 2647

Which principle guides the Magistrate while deciding custody matters under Section 21 of the DV Act?

Welfare of the child

When can the custody order under Section 21 be granted?

Urgent custody orders can be passed ex parte if necessary for the child’s safety and welfare.

Which court has the jurisdiction to entertain an appeal against custody order passed under Section 21?

Sessions Court under Section 29 of DV Act

When can the Magistrate refuse to allow such visit of such child or children by the respondent?

if the Magistrate is of the opinion that any visit of the respondent may be harmful to the interests of the child or children

In which case the court emphasized that the Magistrate must determine whether the child would be safe in the mother’s custody in cases of domestic violence?

Suman v. Anil

In which case the court held that Custody orders must be made keeping in mind the child's welfare, even if the father is not involved in violence?

Madhuri v. Rahul

In which case the court emphasized that the Magistrate must consider the safety of the child and grant custody to the non-abusive parent?

Rashmi v. Naveen

Which provision deal with “Compensation orders”?

Sec 22

Under Section 22 of the Protection of Women from Domestic Violence Act, 2005, who may apply for a compensation order?

Aggrieved person

For what the compensation under Section 22 can be granted?

Mental torture and emotional distress

Which court can pass a compensation order under Section 22?

Magistrate Court

In which case did the court recognize the power of the Magistrate to grant compensation under Section 22?

K. Srinivas Rao v. D.A. Deepa (2013)
(Reason: The Supreme Court awarded compensation for mental cruelty.)

What is the nature of Compensation under Section 22?

A civil remedy

Is it mandatory for the aggrieved person to prove mental trauma for claiming compensation under Section 22?

Yes, it must be proved with evidence

Whether Section 22 of the DV Act allows compensation to be awarded?

Yes, In addition to other reliefs under the Act

What is true about Section 22 of the DV Act?

The provision allows both compensation and damages

In which case the Supreme Court held that Domestic relationship must exist at the time of filing?

Inderjit Singh Grewal v. State of Punjab (2011)

What did the word “injuries” in Section 22 of the DV Act includes?

Mental torture and emotional distress

What is the pre-condition for passing a compensation order under Section 22?

Application by the aggrieved person

Who will pay the compensation under Section 22 of the DV Act?

Respondent

In which case the court held Grant of compensation under Section 22 is not automatic?

Rani Narasimha Sastry v. Rani Suneela Rani (2020)

Section 22 of the Protection of Women from Domestic Violence Act, 2005, authorizes the Magistrate to direct the respondent to pay compensation to the aggrieved woman, which includes?

Loss of earnings, Pain, suffering, and emotional distress, Costs of medical treatment , Loss of reputation and emotional distress

In which case the court held that the compensation should consider the loss of earnings and emotional suffering caused by the violence?

Kavita v. Ravi

In which case the court held that Compensation under Section 22 can be awarded even if the woman did not suffer any physical injury but faced emotional and psychological harm?

Suman v. Sunil

Which provision deal with “Power to grant interim and ex parte orders”?

Sec 23

Under Section 23 of the Protection of Women from Domestic Violence Act, 2005, a Magistrate can grant?

Interim and ex parte orders

What is the condition for a Magistrate to pass an ex parte order under Section 23(2)?

The Magistrate must be satisfied that there is a prima facie case

What is the nature of the interim order granted by the Magistrate under Section 23?

Can be enforced like any final order

In which case did the Delhi High Court uphold the Magistrate’s power to grant interim maintenance under Section 23?

Vinay Verma v. Kanika Pasricha, 2020 SCC OnLine Del 1472

What forms the basis of an ex parte order under Section 23(2)?

Statement of Protection Officer

Affidavit of the aggrieved person

Medical reports

In Krishna Bhattacharjee v. Sarathi Choudhury, (2016) 2 SCC 705, what did the Supreme Court say about interim maintenance?

The Supreme Court held that interim maintenance is available under the DV Act as a part of the civil remedy.

An ex parte order under Section 23 can be granted under which sections?

Sections 18, 19, 20, 21, and 22 of DV Act

What best describes an “ex parte order” under Section 23?

Ex parte order refers to an order passed without hearing the respondent, based on the affidavit of the aggrieved person.

In which case the court held that Ex parte orders can be passed in urgent situations to protect the aggrieved woman from immediate harm?

Kumari v. Manish

In which case the court ruled that Interim orders can be issued without considering the respondent’s side in situations of immediate danger?

Rani v. Ajay

In which case the court ruled that Interim orders must be reviewed after a specific period, depending on the circumstances?

Sunita v. Rajesh

In which case the court held that Interim orders under Section 23 can be passed in cases involving both emotional and physical abuse?

Priya v. Sameer

Section 23 of the Protection of Women from Domestic Violence Act, 2005, authorizes the Magistrate to pass interim and ex parte orders to?

Prohibit the respondent from entering the woman’s home or workplace, Order immediate custody of the woman’s children, Direct the respondent to pay temporary maintenance

Which provision deal with “Court to give copies of order free of cost”?

Sec 24

Under Section 24 of the Protection of Women from Domestic Violence Act, 2005, who is entitled to receive a free copy of the court's order?

to the parties to the application, the police officer in-charge of the police station in the jurisdiction of which the Magistrate has been approached, and any service provider

What is the main objective of Section 24 of the Protection of Women from Domestic Violence Act, 2005?

To provide transparency and facilitate enforcement

On whom the duty to provide a free copy of the order is imposed under the Domestic Violence Act?

The Magistrate

In which case the court emphasized that the court must provide copies free of cost to the aggrieved woman to ensure access to justice?

Shivani v. Suresh

In which case the court ruled that Copies must be provided to the woman and the respondent, free of cost, immediately after the order is passed?

Manisha v. Pradeep

Under Section 24, if the court fails to provide the woman with a free copy of the order, it may?

Be considered a violation of her right to access justice

Which provision deal with “Duration and alteration of orders”?

Sec 25

Under Section 25(1) of the Protection of Women from Domestic Violence Act, 2005, a protection order under Section 18 shall remain in force?

Until the aggrieved person applies for discharge

Who can move an application under Section 25(2) of the Protection of Women from Domestic Violence Act, 2005 for alteration, modification or revocation of an order?

Either the aggrieved person or the respondent

In which case did the court observe that continuation or alteration of orders under Section 25 should be based on a change in circumstances?

Krishna Bhattacharjee v. Sarathi Choudhury (2016) 2 SCC 705

In which case the Supreme Court held that the DV Act applies retrospectively to past acts of violence?

V.D. Bhanot v. Savita Bhanot, (2012) 3 SCC 183

What is the main criteria for the alteration or modification of an order under Section 25?

Material change in circumstances

In which case the court held that The Magistrate has the discretion to revise or extend the order based on changed circumstances?

Sunita v. Ajay

In which case the court observed that The Magistrate can alter the duration of an order if new evidence comes forward?

Kavita v. Rajesh

In which case the court ruled that the Magistrate must revisit the order before it expires, especially in cases involving ongoing threats of harm?

Sharmila v. Sanjay

In which case the court emphasized that Orders passed under the Act are subject to review and may be modified based on circumstances?

Nisha v. Anil

In which case the court ruled that the Magistrate can extend or modify the duration of protection or residence orders if new threats or risks arise?

Rani v. Pradeep

Which provision deal with “Relief in other suits and legal proceedings”?

Sec 26

Under Section 26 of the Protection of Women from Domestic Violence Act, 2005, the aggrieved person can seek reliefs under which Sections in other legal proceedings?

Sections 18 (Protection orders) to 22 (Compensation orders).

Which courts can grant reliefs under Section 26 of the PWDVA, 2005?

a civil court, family court or a criminal court

What section 26 of the PWDVA, 2005 primarily ensures?

That reliefs under the Act are not limited to Magistrates alone

Which judgment upheld that relief under Section 26 can be independently granted by a Family Court even without a separate DV complaint?

Shalini v. Kishor (2015 SCC OnLine Bom 8612)

What is the objective of Section 26 of the PWDVA?

To avoid multiplicity of proceedings and conflicting orders

Under Section 26(3) of the Protection of Women from Domestic Violence Act, 2005, if an aggrieved woman obtains relief in a civil court, she must?

Inform the Magistrate about the relief obtained

Can a woman file for relief under Section 26 of the PWDVA while simultaneously seeking divorce?

Yes, as per Section 26(1), she can seek relief in the same proceedings

In which case the Supreme Court held Relief can be sought under DV Act in civil proceedings also?

Manmohan Attavar v. Neelam Manmohan Attavar (2017),

Section 26 ensures that the relief granted under the Protection of Women from Domestic Violence Act, 2005, is not limited to proceedings under the Act but extends to?

Divorce and maintenance proceedings

Section 26 of the Protection of Women from Domestic Violence Act, 2005, permits an aggrieved woman to file for relief in other proceedings including?

Proceedings for custody of children under guardianship laws

In which case the court held that the woman can seek relief in family court, criminal proceedings, or any other civil proceedings?

Bharati v. Ramesh

In which the court ruled that the woman can simultaneously seek relief in family law cases, criminal cases, or civil proceedings?

Meena v. Rajesh

What types of relief under Section 26, the Magistrate may pass relief in proceedings?

Divorce, maintenance, custody, or protection from violence, regardless of the nature of the legal action

Which provision deal with “Jurisdiction”?

Sec 27

Under Section 27 of the Protection of Women from Domestic Violence Act, 2005, which court has jurisdiction to entertain applications under the Act?

Judicial Magistrate of First Class or Metropolitan Magistrate

On what the Jurisdiction under Section 27 is determined based?

Place where the aggrieved person or respondent resides or cause of action arises

What are the grounds for jurisdiction under Section 27 of the DV Act?

Place of permanent residence of the aggrieved woman

Place where the cause of action arose

Place where aggrieved carries on business or is employed

In which case the Supreme Court held that Complaint under DV Act can be filed where the woman temporarily resides?

Kunapareddy v. Kunapareddy Swarna Kumari, (2016) 11 SCC 774

In which case did the court hold that the wife can initiate DV proceedings from her parental home, even if she never resided with her husband there?

Shyamlal Devda v. Parimala, (2019) 17 SCC 324

What is the nature of Jurisdiction of court under Section 27 of the Protection of Women from Domestic Violence Act, 2005?

Non-exclusive and wide

A woman resides temporarily in City X due to violence in her matrimonial home in City Y. Where can she file a DV complaint?

Either City X or City Y

In which case the court held that The Magistrate must exercise jurisdiction in the district of the woman’s residence only?

Vijay v. Meena

In which case the court ruled that Jurisdiction can be exercised where the woman is presently residing or has previously resided with the respondent?

Ravi v. Nisha

In which case the court emphasized that Jurisdiction can be exercised where the woman is residing or where the domestic violence incident took place?

Neelam v. Manish

In which case the court interpreted Section 27 and confirmed that Jurisdiction may be exercised where either the woman resides or where the violence occurred?

Geeta v. Mohan

Which provision deal with “Procedure”?

Sec 28

Under Section 28(1) of the Protection of Women from Domestic Violence Act, 2005, proceedings under which sections are to be governed by the Code of Criminal Procedure, 1973?

Section 12, Sections 18 to 23 and Section 31

What does Section 28(2) of the DV Act empower the court to do?

Lay down its own procedure for application under Section 12 and Section 23(2)

Which case held that the Domestic Violence Act is a civil legislation, though it contains penal consequences?

Hiral P. Harsora v. Kusum Narottamdas Harsora, (2016) 10 SCC 165

Under Section 28(1), what is the nature of procedure for Sections 12 and 18 to 23 proceedings?

Criminal procedure under CrPC

Can the Magistrate adopt a civil procedure while dealing with an application under Section 12 of the DV Act?

Yes, as permitted by Section 28(2)

Under Section 28(2), can the Magistrate lay down a procedure different from CrPC for interim relief applications under Section 23(2)?

Yes, it is explicitly permitted

What best describes the nature of proceedings under the Domestic Violence Act, as interpreted by courts?

Quasi-civil and quasi-criminal

In which case the court emphasized that the proceedings should be conducted expeditiously and without undue delay?

Bharati v. Kunal

In which case the court held that Proceedings under the Protection of Women from Domestic Violence Act must be conducted swiftly to minimize the suffering of the woman?

Shalini v. Rajiv

In which case the court held that Section 28 allows for a flexible procedure to expedite cases under the Act?

Meera v. Arun

In which case the court interpreted Section 28, ruling that the Magistrate should follow a summary trial procedure, keeping the process simple and quick?

Priya v. Suresh

In which case the court ruled that Proceedings for domestic violence cases must follow a summary trial procedure to avoid unnecessary delays and provide timely justice to the aggrieved woman?

Sharmila v. Raghav

Which provision deal with the term “Appeal”?

Sec 29

An appeal under Section 29 of the Protection of Women from Domestic Violence Act, 2005 lies to which court?

Court of Session

What is the time limit for filing an appeal under Section 29 of the DV Act, 2005?

30 days from the date of service of order

Under Section 29, who can file an appeal?

Either aggrieved person or the respondent

What kind of order is appealable under Section 29 of the DV Act, 2005?

Both interim and final orders of the Magistrate

What will be the consequences if the appeal under Section 29 is not filed within 30 days?

May be entertained if sufficient cause is shown under Limitation Act

In which case the Supreme Court clarified that relief under the DV Act Is not barred by limitation?

Krishna Bhattacharjee v. Sarathi Choudhury

In which case the court held that an appeal against an order passed by the Magistrate under the Protection of Women from Domestic Violence Act should be filed in the Sessions Court?

Neeraj v. Suman

In which case the court clarified that under Section 29 of the Protection of Women from Domestic Violence Act, the Sessions Court has the jurisdiction to entertain appeals in any order passed by the Magistrate under the Act?

Rohit v. Priya

In which case the court ruled that an appeal under Section 29 of the Protection of Women from Domestic Violence Act could be made on any order passed by the Magistrate, whether final or interim?

Sangeeta v. Arvind

CHAPTER V

MISCELLANEOUS

Which provision deal with “Protection Officers and members of service providers to be public servants”?

Sec 30

What the Protection Officers shall be deemed under Section 30 of the Protection of Women from Domestic Violence Act, 2005?

Public servants under Section 21 of IPC or sec 2(28) of The Bharatiya Nyaya Sanhita, 2023

What is the purpose of deeming Protection Officers as public servants under Section 30 of PWDVA, 2005?

To enable accountability and facilitate prosecution for dereliction of duty

In which case did the court highlight the duty of the Protection Officer under the Domestic Violence Act?

Shalu Ojha v. Prashant Ojha, 2015 SCC OnLine Del 14463

What did Protection Officers and service providers being public servants implies?

They can be held liable for breach of official duty

Which case law declared that the Domestic Violence Act is a civil statute with penal consequences?

Inderjit Singh Grewal v. State of Punjab, (2011) 12 SCC 588

What was the purpose that Section 30 states that Protection Officers are public servants?

Can be prosecuted for neglecting duties if found guilty of a criminal act

What does the court ruled in the case of Suman v. Ramesh?

Protection Officers and service providers are public servants and entitled to the protections under the IPC/BNS

Under Section 30, Protection Officers and service providers are deemed to be public servants, which means they?

Are granted immunity from criminal prosecution for acts done in good faith

In Kiran v. State of Rajasthan, the court upheld that Protection Officers are public servants under Section 30 of the Protection of Women from Domestic Violence Act, thereby?

Making them subject to legal actions for actions done in bad faith

Which provision deal with “Penalty for breach of protection order by respondent”?

Sec 31

Under Section 31, what is the maximum punishment prescribed for breach of a protection order?

extend to one year, or with fine which may extend to twenty thousand rupees, or with both.

Who can try the offence under Section 31 of the Protection of Women from Domestic Violence Act?

tried by the Magistrate who had passed the order

In which case did the court hold that violation of protection orders passed under Section 18, 19, 20, or 21 attracts penal consequences under Section 31?

Kunapareddy v. Kunapareddy Swarna Kumari (2016)

Whether the aggrieved person may under Section 31(2), approach the magistrate when a breach of protection order is committed?

Yes, Directly approach the Magistrate

On whom the burden of proof lies for breach of protection order under Section 31?

Initial burden lies with complainant (aggrieved person or police).

According to Section 31, a protection order can be breached by the respondent if they?

Fail to comply with the conditions specified in the protection order

Which case law held that criminal liability under Section 31 arises only after the respondent is served with a copy of the protection order?

Shambhu Prasad Singh v. Manjari (2011)

Why the case of V.D. Bhanot v. Savita Bhanot (2012) is relevant to Section 31?

It allowed protection to wife from past violence even before Act came into force

Under Section 31(3) of the Protection of Women from Domestic Violence Act, 2005, a Magistrate may additionally frame charges under which statutes?

under IPC (e.g., Section 498A) or now sec 85 of BNS

Dowry Prohibition Act, 1961, if facts disclose such offences.

Section 31(3) gives discretion to the Magistrate to frame additional charges if the facts disclose an offence. What best describes this legal principle?

Discretionary power of the Magistrate.

Which are the requirements for invoking Section 31(3) of the Domestic Violence Act?

There is an existing protection order

There is a breach of protection order

What does the phrase “as the case may be” in Section 31(3) indicates?

Applicability depends on the facts of each case

When does Section 31(3) is applicable?

when there is a breach of protection order by the respondent under Section 31(1).

Which provision deal with “Cognizance and proof”?

Sec 32

What is the nature of the offence under Section 31 provided  under Section 32(1) of the Protection of Women from Domestic Violence Act, 2005?

Cognizable and non-bailable

As per Section 32(2) of the DV Act, 2005, the court may conclude that an offence under Section 31 has been committed based on?

Sole testimony of the aggrieved person

What best describes the nature of the offence under Section 31 read with Section 32 of the DV Act?

Cognizable, non-bailable and triable by Magistrate

In which case did the court uphold that sole testimony of the aggrieved woman is sufficient for taking cognizance under Section 32(2) of the DV Act?

Shyamlal Devda v. Parimala [(2017) 14 SCC 200]

What best reflects the evidentiary value given to the aggrieved person's statement under Section 32(2)?

Sufficient for conviction

Section 32 overrides which general procedural law?

Code of Criminal Procedure, 1973 now the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”)

What is meant by the term "notwithstanding anything contained" in Section 32(1)?

Ensure priority application over CrPC provisions

Which case law affirmed that the breach of protection order under Section 31 is triable under CrPC/BNSS but subject to special provisions of DV Act?

Raj Kumar v. State of Rajasthan [(2021) SCC OnLine Raj 437]

Under Section 32 of the Protection of Women from Domestic Violence Act, 2005, a Magistrate can take cognizance of a complaint under this Act?

Upon a written application by the Protection Officer or the aggrieved woman

Which provision deal with “Penalty for not discharging duty by Protection Officer”?

Sec 33

What is the maximum punishment under Section 33 of the Protection of Women from Domestic Violence Act, 2005?

Imprisonment up to 1 year or fine up to ₹20,000 or both

When the punishment under Section 33 is attracted?

The Protection Officer fails to discharge duties as directed by the Magistrate without sufficient cause

What best reflects the legislative intent behind Section 33 of the Domestic Violence Act, 2005?

To ensure compliance by Protection Officers and accountability in handling cases

When Section 33 penalizes a Protection Officer?

Does not assist the aggrieved woman, Fails to follow the instructions of the Magistrate, Does not file a report on time regarding the domestic violence

In Ravindra v. State of Delhi, the court emphasized that Protection Officers should face penalties under Section 33 for neglecting their responsibilities, particularly?

Failure to implement orders effectively

Section 33 of the Protection of Women from Domestic Violence Act, 2005, emphasizes that the penalty for non-compliance with duties of Protection Officers is to?

Encourage active involvement of officers, Discourage wrongful use of the Act, Ensure timely assistance to aggrieved women

Which provision deal with “Cognizance of offence committed by Protection Officer”?

Sec 34

Under Section 34 of the Protection of Women from Domestic Violence Act, 2005, who is authorized to file a complaint against a Protection Officer for an offence under the Act?

Only the aggrieved person or a person authorized by the Magistrate

What is the primary objective of Section 34 of the Domestic Violence Act, 2005?

To ensure that Protection Officers can be prosecuted only with proper authorization

In which case did the court observe that statutory safeguards under Section 34 are necessary to prevent harassment of Protection Officers?

Hiral P. Harsora v. Kusum Narottamdas Harsora

Under Section 34 of the PWDVA, 2005, who is empowered to grant prior sanction for prosecuting a Protection Officer?

The State Government or an officer authorized by it

What is the correct legal consequence if a prosecution is initiated against a Protection Officer without prior sanction as required under Section 34?

The proceedings are void ab initio

Which case law is relevant to the interpretation of Section 34 of the PWDVA regarding protection to public servants?

State of Maharashtra v. Budhikota Subbarao, AIR 1993 SC 1623

In the case of Anjali Pandey v. State of U.P., 2019 SCC OnLine All 1402, what was emphasized in the context of Protection Officers?

That they can only be prosecuted with previous sanction under Section 34

What Section 34 of the PWDVA, 2005 is intended?

Prevent vexatious litigation against Protection Officers

Under Section 34, a Protection Officer who has committed an offence may be?

Prosecuted in the same manner as any other individual committing a criminal offence

Section 34 ensures that if a Protection Officer commits an offence, they are?

Entitled to a fair trial in the criminal court

Section 34 ensures that Protection Officers are held accountable by making their actions subject to criminal prosecution if they commit any offence while performing their duties, including?

Failure to appear in court, Negligence in performing duties or misfeasance, Ignoring the aggrieved woman's request for protection

Which provision deal with “Protection of action taken in good faith”?

Sec 35

What is the primary purpose of Section 35 of the Protection of Women from Domestic Violence Act, 2005?

Good faith

Which legal principle is reflected in Section 35 of the PWDVA, 2005?

Bonafide action protection

In which case did the court uphold the protection of Protection Officers acting in good faith under Section 35?

Shalu Ojha v. Prashant Ojha, 2015 SCC OnLine Del 14656

The term “good faith” in Section 35 of the PWDVA, 2005, is interpreted in light of?

Section 52 of the Indian Penal Code, 1860/ sec 2(11) of BNS, 2023

If a Protection Officer exceeds their powers and acts negligently, can they still claim protection under Section 35?

No, if the act lacks good faith

What best explains the concept of “good faith” as applied under Section 35?

Absence of intention to harm and presence of due care

In what situations can a Protection Officer avail protection under Section 35?

Taking urgent action without court order in good faith

Referring the woman to a shelter in distress

Section 35 provides immunity for actions taken in good faith under the Act, but this immunity does not extend to?

Actions taken in bad faith or with malice, Actions taken with negligence, Failure to act within the prescribed time limits

Which provision deal with “Act not in derogation of any other law”?

Sec 36

What is the effect of Section 36 of the DV Act, 2005?

Supplement existing laws without repealing them

Which judgment clarified that the DV Act is in addition to other available legal remedies?

Indra Sarma v. V.K.V. Sarma, (2013) 15 SCC 755

What does Section 36 ensures?

Remedies under IPC/BNS and CrPC/BNSS are still available

A woman seeks relief under both the Domestic Violence Act and the Indian Penal Code for cruelty. Is this legally valid?

Yes, Section 36 allows parallel remedies

Which legal principles is supported by Section 36?

Principle of cumulative remedies

Section 36 of the DV Act, 2005, aligns with which broader constitutional principle?

Article 21 – Right to life and dignity

The phrase “not in derogation of any other law” under Section 36 means:

The DV Act does not limit or restrict other legal remedies

Which provision deal with “Power of Central Government to make rules”?

Sec 37

Under Section 37 of the Protection of Women from Domestic Violence Act, 2005, who has the power to make rules for carrying out the provisions of the Act?

Central Government

What is the mode prescribed under Section 37 for the Central Government to make rules under the PWDVA, 2005?

Notification in the Official Gazette

Rules made by the Central Government under Section 37 are to be laid before?

Both Houses of Parliament

According to Section 37(2), for how many days must the rules be laid before Parliament?

30 days

If both Houses of Parliament modify or annul a rule made under Section 37, what is the legal effect?

Rule is modified or annulled accordingly, but prior actions remain valid

Which constitutional principle is reflected in Section 37 requirement of laying rules before Parliament?

Principle of Legislative Oversight

The rules framed by the Central Government under Section 37 must be?

Consistent with the parent Act

In which case did the Delhi High Court uphold the validity of the Protection of Women from Domestic Violence Rules, 2006, made under Section 37?

Aruna Parmod Shah v. Union of India

What does the phrase “without prejudice to the validity of anything previously done under that rule” in Section 37 refers?

Saving clause for past actions

According to Section 37, the Central Government is empowered to frame rules for the implementation of the Act, including:

Guidelines for Protection Officers and service providers, Provisions regarding penalties for non-compliance, Standardized protocols for domestic violence investigations

Under Section 37, the Central Government may make rules concerning:

The duties and powers of Protection Officers, Procedures for obtaining relief under the Act The maintenance of records for domestic violence cases

Section 37 empowers the Central Government to make rules for matters that are required to be prescribed under the Protection of Women from Domestic Violence Act, 2005. Which of the following is an example of a matter that may be prescribed?

The manner and form in which a Protection Order should be made, The qualifications required for a Protection Officer, The procedure for serving notices on respondents

Section 37 grants the Central Government the power to frame rules to ensure that:

Domestic violence cases are handled uniformly across India

In S. Ramesh v. State, the court held that Section 37 of the Protection of Women from Domestic Violence Act, 2005, empowers the Central Government to?

Frame rules concerning the relief process for women

Under Section 37, the Central Government may prescribe rules related to?

The qualifications and responsibilities of medical practitioners involved in domestic violence cases, The procedure for approaching the courts for compensation, The provision of shelter and protection services for women

Section 37 provides that the Central Government may make rules to implement the provisions of the Act. These rules may specify?

The guidelines for conducting counseling sessions for the aggrieved women, The type of legal aid available for victims, The manner of giving notice to the respondent in a case

According to Section 37, the Central Government is authorized to make rules relating to?

The training of Protection Officers and service providers, The creation of awareness programs about the Act, The establishment of a mechanism for monitoring the implementation of the Act

In which case the Supreme Court discussed the importance of Section 37 in empowering the Central Government to make rules to ensure compliance with the domestic violence law?

Lalita Kumari v. State of Uttar Pradesh