Application for Compensation Order under the Domestic Violence Act

The application for Domestic Violence Compensation is governed by the Protection of Women from Domestic Violence Act, 2005 (PWDVA). Section 22 of the Act empowers the Magistrate to direct the respondent to pay compensation and damages for the injuries, including mental torture and emotional distress, caused by acts of domestic violence. The Act aims to provide effective protection to women and ensure their rights are upheld.

The application for Domestic Violence Compensation is filed before the Judicial Magistrate of the First Class or a Metropolitan Magistrate having jurisdiction over the area where the aggrieved person resides or where the domestic violence occurred. The Ministry of Women and Child Development oversees the implementation of the Act. For more information, visit the official website: wcd.nic.in.

The process for obtaining Domestic Violence Compensation involves filing an application under Section 12 of the PWDVA along with a prayer for compensation under Section 22. The application must include details of the domestic violence incidents, supporting documents (medical reports, police complaints, etc.), and the quantum of compensation sought. The Magistrate will issue notice to the respondent, hear both parties, and pass an order. If the respondent fails to comply, the Magistrate may enforce the order as per the Code of Criminal Procedure.

The key forms for Domestic Violence Compensation include:

• Form I: Application to the Magistrate under Section 12 of the PWDVA.
• Affidavit in support of the application.
• List of documents relied upon (medical reports, photographs, police complaint, etc.).
• Any other relevant evidence. These forms are available on the official website of the Ministry of Women and Child Development or can be obtained from the court.

Any woman who is a victim of domestic violence as defined under Section 3 of the PWDVA is eligible to apply for Domestic Violence Compensation. Domestic violence includes physical, sexual, verbal, emotional, and economic abuse. The aggrieved person must be in a domestic relationship with the respondent (e.g., wife, mother, sister, or live-in partner). The application can be filed by the victim or any person on her behalf, such as a Domestic Violence Lawyer.

The timeline for Domestic Violence Compensation is not fixed by statute. The Magistrate is required to dispose of the application within 60 days from the date of first hearing, as per Section 12(5) of the PWDVA. However, the actual duration depends on the complexity of the case, availability of parties, and court schedules. No reported decision was found on this point.

There is no court fee prescribed for filing an application under the Protection of Women from Domestic Violence Act, 2005. However, if the aggrieved person engages a Domestic Violence Lawyer, professional fees may apply. The government does not prescribe any fee for this application.