A court hearing a domestic violence case need not wait for a report filed by the protection officer before awarding interim compensation

In a major relief to battered women, Bombay High Court on Monday ruled that a court hearing a domestic violence case need not wait for a report filed by the protection officer before awarding interim compensation. Justice R Y Ganoo said courts that deal with domestic violence cases can take a decision on the basis of records filed before it.

‘‘If the trial court, which is required to pass an order, keeps on waiting for the report of the protection officer, it would entail delay and the idea of considering the case of a needy person at the interim stage will be actually defeated,’’ said Justice Ganoo, while dismissing an application filed by an Amravati resident who claimed that the report was mandatory. The court upheld an order of the trial court asking him to pay Rs 1,800 to his wife and child every month as interim maintenance.

Under the Domestic Violence Act, 2005, a woman or a protection officer or a third party can file a complaint alleging abuse before the magistrate. The magistrate after hearing the parties can pass an interim order asking the man to pay compensation or monthly maintenance for the injuries caused to the woman.

The act has a clause which says that the magistrate shall before passing such an order take into consideration ‘‘any domestic incident report received from the protection officer’’. ‘‘Report from the protection officer has to be gathered and it would assist the court for the purposes of doing complete justice in the matter. At the same time, it is expected that the trial court has to pass an interim order early,’’ said Justice Ganoo.
Source:- The Times of India 18 August Page 17 Delhi

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