what are the importance of Domestic Violence Act, 2005.
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Answer:
Important Judicial Pronouncements
The Court of Sh. Jagdish Kumar: MM New Delhi - Ms S (Name changed) Vs Mr. A
Ms S who was employed with an International organization knew the respondent Mr. A who was the country director of an International Organization. A started communicating with the applicant on e-mail. During course of communication he disclosed that he is under going treatment for cancer arid was married arid had one son out of his wedlock. A invited the Ms S to work with him The applicant being interested in the kind of work offered and left her previous job and started working with the A on the project while working with the applicant the respondent started sharing things about his illness, removal from his previous job, family etc. and became friends. He asked S to marry him and took the initiative of applying sindoor and bindi and said "you are my wife". A invited the S to stay with him and started living together in one house. S claimed to have separated from his wife and was in the process of filing for divorce. A started spending on the household expenses and also used to pay the rent of the house where they lived. Held that S lived with A in the shared household in a relationship in the nature of marriage. S was entitled to maintenance for food, clothes, medicines and other basic necessity and further household and other miscellaneous.
Surekha Mote vs. State of Maharashtra High Court of Bombay
Held that "we have considered section 12 of the PWDV Act and the proviso to section 12. This does not mean that if no protection officers are appointed. The Magistrate ceases to have jurisdiction. That would frustrate the object of the act " this means that complaint can be entertained directly by the magistrate even if there is no protection officer
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Answer:
The Protection of Women from Domestic Violence Act 2005 is an Act of the Parliament of India enacted to protect women from domestic violence. It was brought into force by the Indian government from 26 October 2006. The Act provides for the first time in Indian law a definition of "domestic violence", with this definition being broad and including not only physical violence, but also other forms of violence such as emotional/verbal, sexual, and economic abuse. It is a civil law meant primarily for protection orders and not for meant to be enforced criminally.
An Act to provide for more effective protection of the rights of women guaranteed under the Constitution who are victims of violence of any kind occurring within the family and for matters connected therewith or incidental thereto