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Protection Of Women From Domestic Violence Act, 2005

Protection Of Women From Domestic Violence Act, 2005:

The Supreme Court recently agreed to examine whether a transgender woman can claim maintenance under the Protection of Women from Domestic Violence Act, 2005 (DV Act).

  • The DV Act was enacted by Parliament on September 13, 2005, and extends to the whole of India.
  • It is basically meant to provide protection to a wife or female live-in partner from violence at the hands of the husband, a male live-in-partner, or his relatives.
  • Domestic violence under the Act includes actual abuse or the threat of abuse, whether physical, sexual, verbal, emotional, or economic.
  • Harassment by way of dowry demands is also covered under the definition of domestic violence.
  • The Act covers all women who may be mother, sister, wife, widow, or partners living in a shared household.
  • The relationship may be in the nature of marriage or adoption.
  • In addition, relationships with family members living together as a joint family are also included.
  • Any woman who alleges to have been subjected to any act of domestic violence by the offender or any person may file a complaint on her behalf.
  • A child is also entitled to relief under the DV Act.
  • The mother of such a child can make an application on behalf of her minor child (whether male or female).
  • In cases where the mother makes an application to the court for herself, the children can also be added as co-applicants.
  • However, no female relative of the husband or the male partner can file a complaint against the wife or the female partner.