Domestic Violence Lawyer in Mumbai
The law provides various rights to the women, which includes monetary relief, rights to residence, compensation, protection order and child custody amongst other reliefs. The victim can claim the aforesaid under Domesctiv Violence Act, The Domestic violence Act has come into force with the objective of expeditious disposal of the claim for the women who are subjected to domestic violence. Domestic violence law enforcement is to ensure the visticm gets timely justice in a way of economic justice, security and independence to women victim of domestic violence. The victim can approach either the ‘Protection Officer’ or the ‘Service Provider’ under this law, can also approach the police or a Magistrate directly. Complaints of Domestic violence are filed in the Magistrate Court, the sitting judge or magistrate is empowered to pass exparte orders.
The Domestic violence law specifically provides the right to residence to the victim. The right to residence includes in living in the shared house irrespective of the fact whether wife has right, title or interest over the property. The DV Act also enforces the husband to provide for alternate accommodation if not feasible together, hence, law enforces the husband to provide residence to the wife with or without him. Such residence can be shared house where husband and wife lived together earlier and made the house as their matrimonial house. Alternatively law mandates the husband to provide alternate residence housing if not feasible in the current resident.
Case under domestic violence law is initiated by filing a domestic violence complaint detailing all events of violence before the Court of Magistrate, the complaint is usually accompanied by interim application. The Magistrate hearing the complaint is empowered to execute summons of the case either through protection officer or by the concerned police station. In the dire case requiring urgent relief, the court has the power to grant exparte order (order in the absence of the other party). In case, wife is abandoned by the husband and is in a situation where she may lose roof and shelter, she can approach to the Court for directions . The court under such grave circumstance is competent to pass exparte order restraining the husband or any other family member from dispossessing her from the shared house or matrimonial home.