N relatives of the husband or the male partner any

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n Relatives of the husband or the male partner. Any adult male member who has Coverage Who can Complain: Aggrieved Person [Section 2(a)] n Any woman who is or has been in a domestic relationship with the respondent (sisters, widows, mothers, daughters, women in relationships of cohabitation, victims of bigamous marriages, single women, etc.) and n Who has been subjected to acts of domestic violence. n Children are also covered. Any person can file a complaint on their behalf. Inclusi efinition of D Vi based on UN Framework for Model Legislation on Domestic Violence & UN Declaration on Elimination of Violence Against Women (GA Res. 48/104 of 1993) Unambiguous recognition of the woman's right to live free from violence. Provisi immediate relief to victims in cases of emergency The right to reside in shared household – recognizes inequality within the home Ensures effective access to justice – introduces new authorities & mechanisms (Protection Officer (PO) t as the interface between the woman and the court) Intended specifically to protect women (th children -- both male & female). Covers mothers, daughters, sisters, widows, relations through adoption, etc. Recognition “relationships in the nature of marriage” – victims of bigamous/fraudulent marriages, cohabitation. Mix of both civil & criminal laws – Two stage process – 1. Civil orders passed by Magistrate on Application under S. 12 2. On breach of civil orders by the perpetrator, arrest (imprisonment &/or fine) on of a d omestic olence on for o act ough it does include of Handbook for Parliamentarians 9
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5. Key C ncepts of the PWDVA o Key Concept I: Domestic Relationship [Section 2(g)] Domestic Relationship has been defined as a relationship between two persons who live, or have at any point of time lived together in the shared household. It includes relations of consanguinity, marriage, or relationships in the nature of marriage, adoption, or joint family. Note: Ø Domestic relationships are not restricted to the marital context Ø Domestic relationships are meant to cover sisters, widows, mothers, daughters, women in relationships of cohabitation, single women, etc. Ø Domestic relationships are also applicable to women in fraudulent or bigamous marriages or in marriages considered invalid/void before the law At the shared household Domestic Relationship Relationship between two persons who live or have at any point of time lived together Key Concept II: Shared Household [Section 2(s)] A household where the aggrieved person lives/has lived in a domestic relationship, either singly or along with the respondent is a ‘shared household’ under Section 2(s) of the Act. Includes a household: Ø Whether owned or tenanted either jointly by the person aggrieved and the respondent, or by either of them. Ø Where either the person aggrieved or the respondent or both jointly or singly have any right, title, interest or equity.
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