Monetary Relief Under Domestic Violence Act, 2005

Monetary relief, which is also called as compensation, is an order passed by the magistrate in favor of the victim under Domestic Violence, for any loss or expenses incurred by the victims as a result of Domestic Violence. The victims would include the children of the woman who suffer Domestic Violence.

Remedies available to Victims

The Magistrate, to whom the application was made, may pass an order after providing an opportunity to the person against whom such reliefs were sought by the applicant/victim. The order may contain the following but the order so passed is not limited to following. The Magistrate may pass compensation to any other acts which has resulted either directly or indirectly towards violence against the victims.

The following are the remedies available under Monetary relief which are included in the Domestic Violence Act:

•  For any loss in earnings to the victims which was caused by the persons accused of Domestic Violence.
• To compensate for the expenses incurred by the victims while under going any medical treatment.
• To compensate for the loss resulted due to the deprivation of the property from the victims. Such property includes the properties held jointly or stridhan.
• For maintenance of the affected woman and her children. This relief may include or in addition to the sec 125 of Cr.P.C.

Effect of Non-Compliance of Order

If the person against whom the above mentioned order was passed by the Magistrate and such person fails to comply the order, then the Magistrate shall issue directions as follows:

• To direct the employer/any debtor of the person against whom a monetary order was passed, to pay the money in favor of victim or deposit in the court. In case of Employer, the Magistrate shall order for deduction of certain amount periodically from the salary of the employee against whom a monetary relief order was obtained, until the amount mentioned in the order was paid to the victim.

Calculation of Relief amount

The Act 43 of 2005 has not placed any yardstick to measure the amount of compensation payable to the victims. But places a guideline in motion under Section 20(3) of Domestic Violence Act, 2005.
It states that the monetary relief shall be to the extend so that aggrieved person shall meet her standard of living to which she is accustomed. The amount should be such that it will be able to meet the needs of the victim. The standard of living of the victim to which she is accustomed should prevail as it is.

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Disclaimer: This blog is for educational purposes only. All information provided here are only informative. The authors takes no liability for any injury to the readers.