Monetary Reliefs for Victims Under Section 20 Of Domestic Violence?

This article is written by Atishay Jain, a law graduate and core member of the ApniLaw team. With a strong interest in public interest laws, he explains the Domestic Violence Act in a clear and practical manner. For questions or suggestions, feel free to reach out through our official channel.

Introduction

Section 20 of the Protection of Women from Domestic Violence Act, 2005 plays a vital role in safeguarding the financial security of women facing domestic abuse. It empowers Magistrates to grant monetary relief to victims for losses suffered due to violence. Unlike traditional maintenance laws, Section 20 offers a comprehensive remedy. It covers not only maintenance but also medical costs, loss of income, and damage to property. This section ensures that victims are not left financially vulnerable and helps them maintain the standard of living they were used to before the abuse.

What Is Section 20 Of The Domestic Violence Act?

• Section 20 of the Protection of Women from Domestic Violence Act empowers the Magistrate to grant monetary relief to the aggrieved woman. This relief helps cover expenses and losses resulting from domestic violence. It also extends to any child of the aggrieved woman.
• The Magistrate may order the respondent to pay for various types of financial loss. These include the loss of earnings, medical expenses, damage or removal of property from the woman’s control, and maintenance for the woman and her children. The maintenance can be in addition to or part of an order under Section 125 of the Code of Criminal Procedure, 1973, or any other existing law.
• The monetary relief must be adequate, fair, and reasonable. It should match the standard of living the aggrieved person was used to before the violence.
• The Magistrate can decide whether to grant a lump sum amount or monthly payments. This decision depends on the nature and circumstances of the case.
• Once the Magistrate issues the order, copies must be sent to both parties and to the officer in charge of the police station in the respondent’s locality. The respondent must pay the specified amount within the time mentioned in the order.
• If the respondent fails to pay, the Magistrate can take further steps. The Magistrate may direct the respondent’s employer or any person who owes the respondent money to make the payment directly to the aggrieved person.
• This amount may be deducted from the respondent’s salary or dues and adjusted toward the total relief amount.

What Is The Kerala High Court Ruling On Maintenance Law in Shilpa v. K K Rajeevan

The Kerala High Court recently addressed a key issue in the case of Shilpa v. K K Rajeevan. The Court emphasized the need for clarity when Magistrates grant maintenance under Section 20(1)(d) of the Protection of Women from Domestic Violence Act, 2005 (DV Act).
They must specify whether the order falls under Section 125 of the Code of Criminal Procedure, 1973 (CrPC) or Section 20(3) of the Hindu Adoptions and Maintenance Act, 1956 (HAMA).

Case Background

• The petitioner (daughter) and respondent (father) are both Hindus.
• At age 14, the daughter approached the Additional Chief Judicial Magistrate (Economic Offences) Court in Ernakulam for maintenance.
• Under Section 20(1)(d) of the DV Act, the Magistrate ordered the father to pay Rs. 2000 per month as maintenance.
• After the daughter turned 18, the father filed a plea to stop the payments. He claimed she had reached adulthood and was earning abroad.
• The daughter argued she was unmarried and had no income.
• In 2015, the Magistrate accepted the father’s plea and ended the maintenance.
• The daughter challenged this order in the Kerala High Court.
• During the case proceedings in 2017, she got married.
• The High Court had to decide if she was entitled to maintenance from 2015 to 2017 (before marriage).
• Justice P. G. Ajithkumar stressed the importance of clearly identifying the legal basis of maintenance, either under Section 125 CrPC or Section 20(3) HAMA.
• The Court explained that both laws apply under the DV Act but come with different rules:
• Section 125 CrPC is secular and applies to all religions.
• Section 20(3) HAMA applies to Hindus and allows maintenance until the daughter marries or becomes self-sufficient.
• If the order is under Section 20(3) of HAMA, the father must prove the daughter no longer qualifies for maintenance.
• Under Section 125 CrPC, maintenance ends when the daughter turns 18, unless she has a physical or mental disability.

What Is The Benefit Of Section 20 Of Domestic Violence Act?

Independent of Other Laws

• Verified: Section 20(1)(d) states that maintenance can be granted “including an order under or in addition to” maintenance under Section 125 CrPC or any other law.
• This confirms Section 20 operates independently and is not limited by other maintenance provisions.

Wider Scope Than Section 125 CrPC

• Verified: Section 20 explicitly includes not just maintenance but also loss of earnings, medical expenses, and property damage.
• Section 125 CrPC is limited to basic maintenance to prevent destitution.

Not Limited to Wives

• Verified: Section 2(a) defines “aggrieved person” broadly to include any woman in a domestic relationship, including daughters, mothers, sisters, and live-in partners.
• Courts have upheld that daughters and unmarried women can claim under Section 20.

Enforceable Through Civil Process

• Verified: Section 20(6) allows the Magistrate to order payment by the respondent’s employer or debtor. This mimics enforcement mechanisms under civil recovery.
• It enhances the enforceability of maintenance orders beyond criminal procedure.

No Religious Barriers

• Verified: The DV Act is a secular law. It applies to all women irrespective of religion.
• This has been reiterated in various High Court decisions and in Indra Sarma v. V.K.V. Sarma (2013) by the Supreme Court.

Focus on the Victim’s Standard of Living

• Verified: Section 20(2) mandates that the monetary relief must be “adequate, fair and reasonable and consistent with the standard of living to which the aggrieved person is accustomed.”
• This goes beyond the subsistence-level focus of Section 125 CrPC.

Conclusion

Section 20 is a powerful legal tool that ensures holistic financial protection for women and children affected by domestic violence. It goes beyond basic maintenance by addressing a wide range of financial hardships. Its broad scope, secular nature, and enforceability make it a critical part of the domestic violence law framework in India. By recognizing both immediate needs and long-term support, Section 20 strengthens the justice system’s commitment to empowering victims and promoting economic justice.