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Protection of Women from Domestic Violence Act, 2005 which is generally referred asDomestic Violence Act is a newly enacted law among other matrimonial laws. It provides variety of rights to the victim of Domestic Violence. Such right includes right to shelter in the same home,right to maintenance, protection order, residence order, monetary relief, custody of children, etc, etc. The striking feature of the law is that it provides right to third party to institute a complaint under the law, if he/she comes to know about the happening of any domestic violence.
It gives wide discretionary power to the Magistrate in disposing of the complaint under the Act such as passing of an ex-parte order under certain circumstances, etc. It mandates the Magistrate, to attempt to dispose of the complaint within a period of 60 days. It also mandates the magistrate to refer the parties to Counsellor. Law also provides for the appointment of protection officer who is under duty to investigate the case and submit report to the concerned Magistrate.