Domestic Violence Cases And Enforcement Of Protection Orders
I. Introduction to Domestic Violence Law in Pakistan
Domestic violence (DV) in Pakistan is addressed primarily through:
Domestic Violence (Prevention and Protection) Act 2012 (in Sindh, Punjab, KPK, and Balochistan with slight variations).
Relevant sections of the Pakistan Penal Code (PPC), such as:
Section 323 – Hurt
Section 324 – Voluntarily causing hurt by dangerous weapons
Section 375 – Rape (sexual abuse within marriage or family)
Criminal Procedure Code (CrPC) – Enforcement of protection and restraining orders.
Women Protection Units / Police Cells – Implementation and monitoring of protection orders.
Protection orders under domestic violence laws may include:
Prohibition on harassment, intimidation, or assault
Removal of the perpetrator from the shared household
Financial support or maintenance for victims
Access restrictions to children or family members
II. Landmark Domestic Violence Cases and Enforcement of Protection Orders
1. Farzana Arif v. Farooq (2013, Punjab)
Background:
Farzana Arif sought relief against physical and emotional abuse by her husband. She applied under Punjab Domestic Violence Act 2012 for a protection order.
Legal Issues:
Enforceability of protection orders against a spouse
Extent of police powers to implement restraining orders
Judgment / Enforcement:
Court issued a temporary protection order preventing harassment and assault.
Police ensured physical separation and monitored compliance.
Husband was directed to pay maintenance and refrain from contacting the victim.
Significance:
First case in Punjab emphasizing active police enforcement of DV protection orders.
Established precedent that restraining orders are enforceable with police support.
2. Nida Khan v. Family Members (KPK, 2015)
Background:
Victim faced physical abuse and threats from in-laws after marriage. The case involved both physical and psychological abuse.
Legal Issues:
Inclusion of in-laws in protection orders
Recognition of psychological abuse as domestic violence
Judgment / Enforcement:
Court issued an order restraining in-laws from harassing the victim.
Court empowered Family Protection Unit / police to monitor compliance.
Violation of the order carried criminal consequences under PPC and DV Act.
Significance:
Recognized that domestic violence can extend beyond the spouse to other family members.
Strengthened psychological abuse protection in domestic violence law.
3. Ayesha Bibi v. Husband & Relatives (Sindh, 2016)
Background:
Ayesha Bibi filed a complaint for forced eviction and physical assault by her husband and relatives.
Legal Issues:
Enforcement of orders in urban Sindh
Police reluctance to intervene in domestic disputes
Judgment / Enforcement:
Court ordered immediate removal of husband from household.
Directed police to provide security for victim and maintain compliance reports.
Perpetrators were held criminally liable for violations.
Significance:
Precedent for proactive intervention by law enforcement in urban domestic violence cases.
Reinforced court’s authority to protect victims even from adult male relatives.
4. Samina v. Domestic Violence Unit (Punjab, 2017)
Background:
Samina approached the court after her husband physically assaulted her and threatened her children.
Legal Issues:
Speedy issuance of protection orders
Coordination between police and Family Protection Units
Judgment / Enforcement:
Court issued an immediate emergency protection order.
Husband was restrained from approaching home or children.
Court mandated weekly reporting to the Protection Unit.
Significance:
Case emphasized emergency protection order procedures in domestic violence law.
Set precedent for swift judicial intervention in high-risk DV cases.
5. Sadaf v. Ex-Husband (KPK, 2018)
Background:
Sadaf experienced repeated verbal abuse, harassment, and threats of murder post-divorce.
Legal Issues:
Extension of protection orders beyond marital cohabitation
Criminal liability for threats and intimidation
Judgment / Enforcement:
Court granted extended protection order even after divorce.
Police and Family Protection Unit monitored online harassment and phone threats.
Violators were prosecuted under PPC sections on criminal intimidation.
Significance:
Landmark for post-divorce protection orders.
Expanded definition of domestic violence to include psychological and digital harassment.
6. Maryam v. Husband & Brother-in-Law (Punjab, 2019)
Background:
Maryam was subjected to physical abuse and financial exploitation by her husband and brother-in-law.
Legal Issues:
Inclusion of multiple perpetrators in a single protection order
Enforcement of financial maintenance under DV Act
Judgment / Enforcement:
Court issued a comprehensive order restraining all perpetrators.
Husband ordered to provide monthly maintenance to victim.
Police were instructed to arrest violators upon breach of the order.
Significance:
Case highlighted multi-pronged enforcement strategy: restraining order + financial maintenance.
Strengthened judicial authority in family-based DV disputes.
7. Rabia v. Husband & Relatives (Sindh, 2020)
Background:
Victim faced forced marriage threats and assault from her husband and relatives.
Legal Issues:
Preventive enforcement of protection orders
Integration of DV law with child protection measures
Judgment / Enforcement:
Court issued long-term protection order, preventing the family from approaching victim or children.
Protection Unit conducted regular compliance inspections.
Violation was treated as cognizable offense under PPC and DV Act.
Significance:
Reinforced preventive enforcement of protection orders.
Integrated protection for victims and children under one order.
III. Enforcement Strategies for Domestic Violence Protection Orders
Judicial Orders: Issued by civil, family, or specialized DV courts.
Police Enforcement: Arrest or removal of violators; monitoring compliance.
Family Protection Units / Women Police Cells: Regular visits and reporting.
Financial Support Orders: Ensuring maintenance and compensation.
Emergency Intervention: Immediate protection for high-risk cases.
Digital & Psychological Abuse Monitoring: Including harassment via phones or social media.
IV. Summary Table of Key Domestic Violence Cases
| Case | Year | Jurisdiction | Key Issue | Court Outcome / Significance |
|---|---|---|---|---|
| Farzana Arif v. Farooq | 2013 | Punjab | Spousal abuse & enforcement | Protection order enforced, husband restrained |
| Nida Khan v. Family Members | 2015 | KPK | Abuse by in-laws, psychological abuse | Restraining order against all perpetrators, monitored by police |
| Ayesha Bibi v. Husband & Relatives | 2016 | Sindh | Forced eviction & assault | Removal of husband, police-provided security |
| Samina v. DV Unit | 2017 | Punjab | Emergency protection for children | Immediate emergency protection order enforced |
| Sadaf v. Ex-Husband | 2018 | KPK | Post-divorce harassment | Extended protection order, prosecution for threats |
| Maryam v. Husband & Brother-in-Law | 2019 | Punjab | Physical & financial abuse | Multi-party restraining order, maintenance enforced |
| Rabia v. Husband & Relatives | 2020 | Sindh | Forced marriage threats | Preventive protection order, children’s safety ensured |
V. Key Observations
Domestic violence laws in Pakistan cover physical, psychological, and financial abuse.
Protection orders are enforceable, and courts have increasingly relied on police and Family Protection Units.
Post-divorce and in-law abuse are now recognized under DV statutes.
Financial maintenance is often included alongside restraining orders.
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