Handbook on law of domestic violence / Indira Jaising, Asmita Basu, and Brototi Dutta.

"Lawyers Collective."

Includes bibliographical references and index.

Table of Contents:
How to Use the Handbook;
Introduction;
Preface;
Acknowledgments;
Contents;
List of Abbreviations;
Table of Cases;
Part I-THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT 2005;
CHAPTER 1-Overview;
1.1 ‘STATEMENT OF OBJECTS AND REASONS’;
1.2 DEFINITIONS;
1.3 RIGHTS AND REMEDIES UNDER THE LAW;
1.4 MECHANISMS;
1.5 PROCEDURE AND ENFORCEMENT;
CHAPTER 2-Coverage, Rights and Reliefs Under the Protection of Women from Domestic Violence Act 2005;
2.1 DEFINITION OF DOMESTIC VIOLENCE;
2.1.1 Section 3(a): Mental or Physical Harm, Injury or Endangerment
2.1.2 Section 3(b): Harassment for Unlawful Dowry Demand;
2.1.3 Section 3(c): Threat;
2.1.4 Section 3(d): ‘Otherwise Injures or Causes Harm’;
2.1.5 Forms I, IV, and V;
2.1.6 Overall Facts and Circumstances of the Case;
2.2 PARTIES;
2.2.1 Aggrieved Persons;
2.2.2 Respondents;
2.3 DOMESTIC RELATIONSHIP;
2.3.1 Relationship in the Nature of Marriage;
2.3.2 Shared Household;
2.4 RIGHTS AND DUTIES;
2.4.1 Right to Reside in the Shared Household;
2.4.2 Right to Make an Application;
2.4.3 Duty to Inform Aggrieved Person;
2.4.4 Duty to Inform Aggrieved Person of Availability of Service Providers;
2.4.5 Duty to Inform Aggrieved Person of Availability of Services of Protection Officers;
2.4.6 Duty to Inform Aggrieved Person of Right to Free Legal Services;
2.4.7 Duty to Inform Aggrieved Person of Right to File a Complaint Under the Indian Penal Code 1860, Section 498A;
2.5 RELIEFS;
2.5.1 Burden of Proof;
2.5.2 Protection Orders;
2.5.3 Residence Orders;
2.5.4 Monetary Relief;
2.5.5 Custody Orders;
2.5.6 Compensation Orders;
2.5.7 Interim and Ex Parte Orders;
2.5.8 Civil Orders for Relief: In Addition to Other Laws;
2.5.9 Breach of Orders;
2.5.10 Rules;
CHAPTER 3-Mechanisms and Support Structure;
3.1 PROTECTION OFFICERS;
3.1.1 Rationale for Introducing Protection Officers as a Separate Mechanism;
3.1.2 Appointment of Protection Officers;
3.1.3 Duties of the PO under the Act & Rules;
3.1.4 Section 33: Penalty for Failing to Discharge Duty;
3.2 SERVICE PROVIDERS UNDER THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT;
3.2.1 Registration of Service Providers: Rule 11 & Form VI;
3.2.2 The ‘Good Faith’ Protection;
3.2.3 Powers of Service Providers;
3.2.4 Protection Officers and Service Providers are Public Servants;
3.3 ROLE OF THE POLICE;
3.3.1 Examples of Police Involvement;
3.4 NOTIFIED SHELTER HOMES AND MEDICAL FACILITIES;
3.4.1 Shelter Homes;
3.4.2 Medical Facilities;
3.5 COUNSELLING UNDER THE ACT;
3.5.1 Why the Need for Counselling;
3.5.2 Counselling and the PWDVA;
3.5.3 Appointment of Counsellors;
CHAPTER 4-Procedure Under the Protection of Women from Domestic Violence Act 2005;
4.1 INFORMATION: SECTION 4;
4.1.1 Rule 4(2): Informant to Sign;
4.2 DOMESTIC INCIDENT REPORT: SECTION 2(E), SECTION 5, RULE 5 AND FORM I;
4.2.1 Preparing a Domestic Incident Report;
4.2.2 Role of the Police and the Domestic Incident Report;
4.2.3 Role of Medical Facilities;
4.3 APPLICATION FOR RELIEFS: SECTIONS 12 AND 23 AND FORMS II AND III;
4.3.1 Application in Prescribed Format: Form II;
4.3.2 Repeat Applicants;
4.3.3 Applying for Interim and Ex parte Relief;
4.3.4 The PWDVA and Prior Acts of Domestic Violence;
4.3.5 Application in a Pending Proceeding;
4.4 SAFETY PLAN: RULE 8(1)(IV) AND FORM V;
4.5 HOME VISITS;
4.5.1 Home Visits: When and Why;
4.5.2 Report of the Protection Officer;
4.5.3 Sharing the Home Visit Report and Examination of the Protection Officer;
4.5.4 Financial Inquiry;
4.6 NOTICE TO BE ISSUED BY THE COURT:
SECTION 13 AND RULE 12;
4.6.1 Time Limit for Service of Notice of Hearing;
4.6.2 Effectuation and Proof of Service;
4.6.3 Use of Procedures under the Code of Civil Procedure 1908;
or the Code of Criminal Procedure 1973;
4.7 INTERIM AND EX PARTE ORDERS;
4.8 AT THE TRIAL STAGE: PROCEDURAL REQUIREMENTS;
4.8.1 Procedure to Be Followed: Section 28(1) and Rule 6(5);
4.8.2 Section 28(2): Court Can Formulate its Own Procedure;
4.8.3 In-Camera Proceedings;
4.8.4 Burden of Proof;
4.9 DISCHARGE, MODIFICATION, ALTERATION OR REVOCATION OF ORDERS;
4.9.1 Difference between Revocation and Discharge;
4.10 BREACH OF ORDER: SECTIONS 31 AND 32 AND RULE 15;
4.10.1 Procedure for Conducting Proceedings Under Section 31;
4.10.2 Sole Testimony of the Aggrieved Person;
4.10.3 Breach of Protection Orders: Rule 15;
4.10.4 Undergoing Imprisonment does Not Absolve Respondent of Liabilities;
4.11 ENFORCEMENT OF ORDERS;
4.11.1 Protection Orders;
4.11.2 Residence Orders;
4.11.3 Compensation and Monetary Orders;
4.11.4 Rule 15(7);
4.11.5 Use of Protection Officers and Police;
4.12 COUNSELING;
4.12.1 Counseling: Some Points;
4.13 APPEALS;
4.13.1 Appeal Against Orders Passed in Pending Proceedings;
Part II-The Legal Framework in Addition to the Protection of Women from Domestic Violence Act 2005: An Outline;
CHAPTER 5-Indian Legal Framework in Addition to the PWDVA: An Outline;
5.1 CRIMINAL LAW;
5.1.1 The Indian Penal Code and Offences Against the Body;
5.2 LAW OF TORTS;
5.2.1 Trespass to Person;
5.2.2 Negligence as a Tort;
5.2.3 Other Relevant Tort: Intentional Infliction of Emotional Distress;
5.2.4 Remedies for Torts;
5.3 Civil Law of Divorce on Ground of Cruelty;
5.4 MAINTENANCE IN CRIMINAL LAW: SECTION 125, CODE OF CRIMINAL PROCEDURE 1973;
5.4.1 Coverage under Section 125;
5.4.2 Quantum of Maintenance;
5.5 WHAT IS DOMESTIC VIOLENCE IN OTHER COUNTRIES;
5.5.1 Domestic Violence: Legal Response in the United States;
5.5.2 Domestic Violence: Legal Response in United Kingdom;
5.5.3 Domestic Violence: Legal Response in South Africa;
Part III-Appendices
Appendix I; Appendix II; Appendix III; Index.

With reference to India.