Domestic Violence (DV) Act 2005: Karnataka HC on Adult Daughter’s Rights

Subject: GS 2: Polity & Governance

Context: Recently, the Karnataka High Court held that an adult unmarried daughter can seek monetary relief from her father under Section 20(1)(d) of the Protection of Women from Domestic Violence (DV) Act, 2005. 

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Key Highlights

• Right to Educational Support: The Court held that an adult unmarried daughter is entitled to invoke Section 20(1)(d) of the DV Act, 2005, to claim financial support from her father for pursuing higher education.
• Parental Obligation: The Court observed that the obligation of parents to provide basic amenities, healthcare, and education does not automatically cease when a child attains majority.
• Purpose of the DV Act: The Court held that denying such relief solely because the daughter had attained majority would defeat the legislative intent of Section 20(1)(d).

About the Protection of Women from Domestic Violence (DV) Act, 2005

• A civil law enacted to provide effective protection to women facing violence within the family/domestic relationships. 
• Enactment: Enacted in 2005 and came into force on 26 October 2006.
• Coverage: Protects any aggrieved woman in a domestic relationship, including those in a relationship in the nature of marriage (live-in relationship).
• Definition of Domestic Violence: Covers physical, sexual, verbal, emotional, and economic abuse, including dowry-related harassment.
• Key Sections: 
  • Section 18: Provides for Protection Orders, 
  • Section 19: Residence Orders, 
  • Section 20: Monetary Relief, including:
    • Loss of earnings
    • Medical expenses
    • Loss/damage to property
    • Maintenance for the aggrieved person and her children — Section 20(1)(d) covers this, and the phrase “in addition to” was the interpretive crux in this case and can include educational expenses, where justified.
  • Section 21: Custody Orders
  • Section 22: Compensation Orders and 
  • Section 23: Interim/Ex parte Orders.
• Broad Coverage: Protects any aggrieved woman in a domestic relationship from physical, sexual, verbal, emotional, and economic abuse.
• Right to Residence: Guarantees every aggrieved woman the right to reside in the shared household, irrespective of ownership or title.
• Institutional Support & Enforcement: Provides for Protection Officers, Service Providers, Shelter Homes, and Medical Facilities, and makes the breach of Protection Orders a cognizable and non-bailable offence.
• Implementation Mechanism: Provides for the appointment of Protection Officers, registration of Service Providers, and access to Shelter Homes and Medical Facilities for victims.

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