Basics in Domestic Violence Act : Practice MCQ Questions & Answers with Explanations

The correct answer is A: (2014) 3 SCC 712, Sarswathy v. Babu.

In Sarswathy v. Babu (2014) 3 SCC 712, the Hon'ble Supreme Court ruled that when an act of domestic violence began prior to the enactment of the Protection of Women from Domestic Violence Act and persisted even after the enactment, the aggrieved person is entitled to the protection provided by the Act.

This ruling clarifies that the temporal scope of the Act extends to situations where the violence commenced before the Act came into force but continued thereafter. The Court recognized the need for ongoing protection for victims of domestic violence, regardless of when the abusive behavior began.

The correct answer is B: Within a period not exceeding two months.

Section 14 of the Protection of Women from Domestic Violence Act, 2005 — Counselling:

1. The Magistrate may, at any stage of proceedings under this Act, direct the respondent or the aggrieved person, either singly or jointly, to undergo counselling with any member of a service provider who possesses such qualifications and experience in counselling as may be prescribed.
2. Where the Magistrate has issued any direction under sub-section (1), he shall fix the next date of hearing of the case within a period not exceeding two months.

The correct answer is D: All of the above.

Under the Protection of Women from Domestic Violence Act, 2005, a Magistrate can pass the following additional orders:

• Section 21 — Custody orders: The Magistrate can pass custody orders for the child or children of the aggrieved person or the person making an application on her behalf.
• Section 22 — Compensation orders: The Court is empowered to award compensation to the aggrieved person.
• Section 23 — Interim and ex parte orders: The Magistrate can grant interim and ex parte orders, including powers vested under Sections 18, 19, 20, 21, and 22 of the Act.

The correct answer is A.

Section 2(q) of the Protection of Women from Domestic Violence Act, 2005 defines 'respondent' as any adult person who is, or has been, in a domestic relationship with the aggrieved person and against whom the aggrieved person has sought any relief under this Act.

Proviso: An aggrieved wife or female living in a relationship in the nature of a marriage may also file a complaint against a relative of the husband or the male partner, including female relatives of the respondent husband or the male partner.

The correct answer is A: State of Jammu & Kashmir.

Section 1 of the Protection of Women from Domestic Violence Act, 2005 states:

1. This Act may be called the Protection of Women from Domestic Violence Act, 2005.
2. It extends to the whole of India.
3. It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

Note: The words 'except the State of Jammu and Kashmir' were omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10-2019). Therefore, the Act now extends to the entire country including Jammu & Kashmir. Option A reflects the position prior to this amendment, which is what the question tests.