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With reference to the Protection of Women from Domestic Violence Act, 2005, for the purpose of…

Under Explanation II to Section 3 of the Protection of Women from Domestic Violence Act, 2005, "For the purpose of determining whether any act, omission, commission or…

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With reference to the Protection of Women from Domestic Violence Act, 2005, for the purpose of determining whether any act or omission, commission or conduct of respondent constitute domestic violence under the Act: Select the correct option.

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Correct answer D

Under Explanation II to Section 3 of the Protection of Women from Domestic Violence Act, 2005, "For the purpose of determining whether any act, omission, commission or conduct of the respondent constitutes 'domestic violence' under this section, the overall facts and circumstances of the case shall be taken into consideration."

Explanation II to Section 3 expressly mandates that "overall facts and circumstances shall be taken into consideration".

  • "intention of the respondent shall be taken into consideration", "status of the respondent shall be taken into consideration", and "socio-economic conditions of the respondent shall be taken into consideration": None of these isolated criteria are prescribed by Explanation II to Section 3.

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Option A

Incorrect: "intention of the respondent shall be taken into consideration", "status of the respondent shall be taken into consideration", and "socio-economic conditions of the respondent shall be taken into consideration": None of these isolated criteria are prescribed by Explanation II to Section 3.

Option B

Incorrect: "intention of the respondent shall be taken into consideration", "status of the respondent shall be taken into consideration", and "socio-economic conditions of the respondent shall be taken into consideration": None of these isolated criteria are prescribed by Explanation II to Section 3.

Option C

Incorrect: "intention of the respondent shall be taken into consideration", "status of the respondent shall be taken into consideration", and "socio-economic conditions of the respondent shall be taken into consideration": None of these isolated criteria are prescribed by Explanation II to Section 3.

Option D

Correct: 'overall facts and circumstances shall be taken into consideration' is the accurate answer. Explanation II to Section 3, Protection of Women from Domestic Violence Act, 2005: For determining whether any act, omission, commission, or conduct of the respondent constitutes domestic violence, the overall facts and circumstances of the case shall be taken into consideration.

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