PWDVA 20 — Monetary reliefs

Protection of Women from Domestic Violence, 2005

Statutory text

(1) While disposing of an application under sub-section (1) of section 12,the
Magistrate  may  direct  the  respondent  to  pay  monetary  relief  to  meet  the  expenses  incurred and  losses
suffered  by  the  aggrieved  person  and  any  child  of  the  aggrieved  person  as  a  result  of the  domestic violence and such relief may include, but not limited to,—
(a) the loss of earnings;
(b) the medical expenses;
(c) the loss caused due to the destruction, damage or removal of any property from the control of
the aggrieved person; and
(d)  the  maintenance  for  the  aggrieved  person  as  well as  her  children,  if  any,  including  an  order
under or in addition to an order of maintenance under section 125 of the Code of Criminal Procedure,
1973 (2 of 1974) or any other law for the time being in force.
(2)  The  monetary  relief  granted  under  this  section  shall  be  adequate,  fair  and  reasonable  and consistent with the standard of living to which the aggrieved person is accustomed.
(3)  The  Magistrate  shall  have  the  power  to  order an  appropriate  lump  sum  payment  or  monthly payments of maintenance, as the nature and circumstances of the case may require.
(4) The  Magistrate  shall send a  copy of the  order for monetary relief made under sub-section (1) 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.
(5)  The  respondent  shall  pay  the  monetary  relief  granted  to  the  aggrieved  person  within  the period specified in the order under sub-section (1).
(6) Upon  the  failure  on  the  part  of  the  respondent  to  make  payment  in  terms  of  the  order  under sub-section (1), 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.

Back to PWDVA