Domestic Violence Act: Magistrate's Powers Clarified

The Protection of Women from Domestic Violence Act, 2005, provides a range of remedies to protect women against domestic violence. The Magistrate plays a crucial role in granting these reliefs.

Magistrate's Powers Under the Act

The Magistrate is empowered to pass several orders to protect the rights of an aggrieved woman. These include:

• Residence Orders: Ordering the aggrieved woman the right to reside in the shared household (as per Section 17).
• Relief Measures: Ordering provisions for shelter homes and medical facilities, if required (related to Sections 5 and 18).
• Monetary Relief: Ordering monetary relief to meet expenses, including medical costs, loss of earnings, and property damage (as per Section 20).

Power NOT Exercised by the Magistrate

Crucially, the Magistrate, acting under the Protection of Women from Domestic Violence Act, does NOT have the authority to grant a decree of divorce.

• The power to grant a decree of divorce is exclusively vested in civil courts, such as Family Courts, dealing with marriage and divorce laws.
• This Act focuses on providing immediate protection, residence, and financial relief, not on dissolving the marriage itself.

Therefore, ordering a decree of divorce is outside the scope of the Magistrate's powers under this specific legislation.