Can court get protection under DV act

Section 27 of Indian Divorce Act (IDA) gives the power to a deserted wife to reach the court of the law for protection of her interests. Desertion shall be without any cause to fulfil the essentials of this section and the same order is dismissed by court once the desertion is ceased.

Meaning:

Protection Order means commands or orders passed by the honourable court instructing one Party to not to harm another Party. It can be anything related to property or person itself.

Provisions of Protection:

• Section 27:
  • Deserted wife can approach the court for protection. The application of this section is subject to the condition that section 4 of Indian Succession Act does not apply to those women.
• Section 28:
  • If the court is satisfied that the wife is being deserted without any lawful cause and reason then the court shall decide the same on its own sole discretion may or may not grant protection order in reference to property.
• Section 29:
  • If the court feels that there is any need in altering the order already passed due to the sufficient grounds which the court seems reasonable then at its sole discretion it may dismiss the same order. Court can decide the same on the following grounds:
• If the desertion ceases thereby the husband reunites with his wife and affirms to carry forward the matrimonial obligations with the wife, or
• Wife misuses the protection granted by the court
• Any other reasonable grounds.

Jurisdiction Under Divorce Act 1869:

Section 27 of Indian Divorce Act 2001 was amended to prescribe jurisdiction to the district courts instead of high courts, with the purpose of reducing the burden of the Higher Courts. Hereafter, the district court has a jurisdiction in matrimonial subject matters under this Act thereby having the authority of delivering protective orders in regard to property. Under Section 3(3) of the Divorce Act, 1869, district courts shall have the jurisdiction in the case of all such petitions which include granting of protection:

• District Court having ordinary jurisdiction.
• Husband and wife solemnised their marriage.
• Before their desertion, the husband and wife were living together or had recently done so.

The concept of a protection order is a social welfare concept which aims to boost, aid and promote the interests of deserted women so that they can live a life worth living as her fundamental right which is guaranteed under Article 21 of the Indian Constitution. Therefore, the importance given to it in this article seeks to put forth the need to make females aware of protection orders so that they are legally empowered to exercise their respective choices of living alongside recognizing their duties to not to misuse the rights granted to them.