Jammu and Kashmir Protection of Women from Domestic Violence Act, 2010

No: 11 Dated: Apr, 29 2010

THE JAMMU AND KASHMIR PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2010

(Act No. XI of 2010)

    An Act to provide for more effective protection of the rights of women guaranteed under the Constitution, who are victims of violence of any kind occurring within the family and for matters connected therewith or incidental thereto.

    Be it enacted by the Jammu and Kashmir State Legislature in the Sixty-first Year of the Republic of India as follows:

CHAPTER I

Preliminary

1. Short title, extent and commencement— (1) This Act maybe called the Jammu and Kashmir Protection of Women from Domestic Violence Act, 2010.

(2) It extends to the whole of the State of Jammu and Kashmir.

(3) It shall come into force on such [date as the Government may, by notification in the Government Gazette, appoint].

2. Definitions— In this Act, unless the context otherwise requires,-

(a) "aggrieved person" means any woman who is in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent;

(b) "child" means any person below the age of eighteen years and includes any adopted, step or foster child;

(c) "compensation order" means an order granted in terms of section 22;

(d) "custody order" means an order granted in terms of section 21;

(e) "domestic incident report" means a report made in the prescribed form on receipt of a complaint of domestic violence from an aggrieved person;

(f) "domestic relationship" means a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage, adoption or are family members living together as a joint family;

(g) "domestic violence" has the same meaning as assigned to it in section 3;

(h) "dowry" shall have the same meaning as assigned to it in the Dowry Restraint Act, 1960;

(i) "Magistrate" means the Judicial Magistrate of the First Class exercising jurisdiction under the Code of Criminal Procedure, Samvat 1989, in the area where the aggrieved person resides temporarily or otherwise or the respondent resides or the domestic violence is alleged to have taken place;

(j) "medical facility" means such facility as may be notified by the Government to be a medical facility for the purposes of this Act;

(k) "monetary relief " means the compensation which the Magistrate may order the respondent to pay to the aggrieved person, at any stage during the hearing of an application seeking any relief under this Act, to meet the expenses incurred and the losses suffered by the aggrieved person as a result of the domestic violence;

(l) "notification" means a notification published in the Government Gazette and the expression "notified" shall be construed accordingly;

(m) "prescribed" means prescribed by rules made under this Act;

(n) "Protection Officer" means an officer appointed by the Government under sub-section (1) of section 8;

(o) "protection order" means an order made in terms of section 18;

(p) "residence order" means an order granted in terms of sub-section (1) of section 19;

(q) "respondent" means any adult male person who is in a domestic relationship with the aggrieved person and against whom the aggrieved person has sought any relief under this Act:

Provided that an aggrieved wife may also file a complaint against a relative of the husband or the male partner;

(r) "service provider" means an entity registered under sub-section (1) of section 10;

(s) "shared household" means a household where the person aggrieved lives either singly or along with the respondent and includes such a household whether owned or tenanted either jointly by the aggrieved person and the respondent, or owned or tenanted by either of them in respect of which either the aggrieved person or the respondent or both jointly or singly have any right, title, interest or equity and includes such a household which may belong to the joint family of which the respondent is a member, irrespective of whether the respondent or the aggrieved person has any right, title or interest in the shared household;

(t) "shelter home" means any shelter home as may be notified by the Government to be a shelter home for the purposes of this Act.