Question

Under the Protection of Women from Domestic Violence Act, the magistrate does NOT have the power:
1. to order the aggrieved woman the right to reside in shared household
2. to order provisions of shelter-home and medical facilities, if required
3. to order monitory relief to the aggrieved woman to meet her expenses or loss
4. to order decree of divorce to the aggrieved parties
Choose the correct answer from the options given below:

• A. 1
• B. 2
• C. 3
• D. 4

Hint:

Always remember: Domestic Violence (DV) Court = Protection and Maintenance; Family Court = Divorce and Custody. A Magistrate can protect your home, but cannot end your marriage.

Answer 1

The Correct Option is D

Concept:

• The PWDVA, 2005 is a civil law designed to provide immediate protection and relief to women in domestic relationships.
• It empowers a Magistrate to pass various "Protection Orders" to stop the violence and provide support.
• Matrimonial remedies like divorce are governed by personal laws and fall under the jurisdiction of Civil or Family Courts, not a Magistrate under this Act.

Step 1: Analyze power over residence
Section 17 and 19 of the Act grant the woman a right to reside in the shared household. The Magistrate can pass a "Residence Order" to ensure the woman is not evicted or to provide her a separate part of the house.
Thus, option (A) is within the Magistrate's power.

Step 2: Analyze power over welfare services
Section 6 and 7 mandate that the State provide shelter homes and medical facilities to the victim. The Magistrate or the Protection Officer can facilitate these services upon request.
Thus, option (B) is within the Magistrate's power.

Step 3: Analyze power over financial support
Section 20 allows the Magistrate to grant "Monetary Relief" to the victim. This is meant to cover medical costs, loss of earnings, and general maintenance for the woman and her children.
Thus, option (C) is within the Magistrate's power.

Step 4: Identify the legal limitation
A Magistrate acting under the PWDVA cannot dissolve a marriage. Divorce is a complex legal status that must be sought under specific statutes like the Hindu Marriage Act or Special Marriage Act in a Family Court. The PWDVA provides "Protection," not "Severance" of the relationship.

Step 5: Conclusion
Since the question asks for what the Magistrate does NOT have power to do, (D) is the correct answer.