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What is Live in Relationships and its benefits f...

A man and a woman not married, but having a live-in relationship is enough for the woman who is entitled to maintenance under the Protection of Women from Domestic Violence Act. But merely living a live-in relationship is not entitled to get maintenance. The woman has to show that though there was no marriage but the relationship was in the nature of marriage. Having sexual relations with a woman frequently is not a live-in relationship. It is a nature of living as a husband and wife without undergoing a marriage. "Relationship in the nature of marriage" must fulfill the following ingredients:- (a) The couple must hold themselves out to society as being akin to spouses. (b) They must be of legal age to marry. (c) They must be otherwise qualified to enter into a legal marriage, including being unmarried. (d) They must have voluntarily cohabited and held themselves out to the world as being akin to spouses for a significant period of time. (e) The parties must have lived together in a 'shared household' as defined in Section 2(s) of the Act - Merely spending weekends together or a one night stand would not make it a 'domestic relationship'. (f) If a man has a 'keep' whom he maintains financially and uses mainly for sexual purpose and/or as a servant it would not, be a relationship in the nature of marriage. A legally wedded wife or divorced wife can claim maintenance from husband under Section 125 of the Criminal Procedure Code. A woman who was in a live-in relationship with a man but not legally wedded is not entitled to claim maintenance under Section 125 of the Criminal Procedure Code. However, if such a woman proves that she was in a domestic relationship with the man in this nature marriage would be entitled to claim maintenance under Section 20(3) of Protection of Domestic Violence At, 2005. The Supreme Court of India has also confirmed this proposition in the Velusamy Vs Patchaiammal case. This is a progressive judgment and a great boon to the suppressed women. Article by K.P.Satish Kumar M.L. Advocate Madras High Court

Posted By

Satish Kumar

3 weeks ago

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Domestic Violence and Abuse

Are domestic violence and abuse one and the same?Contrary to popular belief domestic abuse and violence aren’t one and the same. Any attempts by a person intimately involved in a marital relationship or any other type of intimate bonding at overpowering the other are known as domestic abuse. Both the purposes of domestic violence and abuse are the same and that is gaining and maintaining complete control over one’s partner. Playing fair is unheard of by an abuser. An abuser would rather resort to instilling feelings of guilt, shame, and intimidation, in particular, to dislodge one’s partner and do whatever it takes to ensure that the partner feels subjugated.  Both domestic violence and abuse may occur to anyone indiscriminately. Abuse occurs as much in heterosexual relationships as it does in same-sex marriages regardless of age group, ethnicity, and economic background. While women are more often than not victimized, men too are abused verbally and emotionally. The crux of the matter is that abusive manners are not acceptable for anyone without exceptions. One deserves to be valued, honored, and feel safe and secure.Domestic abuse could be potentially escalating to outright violence from what starts as mere threats and verbal slur. Although the danger of physical injury owing to domestic violence looms and lurks as the obvious danger, the consequences of emotional and psychological abuse are the starkest. Emotional abuse for one’s self-worth can be destructive, lead to or cause anxiety and depression, and make one helpless and lonely. Not even one’s enemy should undergo similar pain. One’s first step is to break the shackles of an abusive and possibly violent relationship as one should not have to endure the excruciating pain of such a relationship. A step in the right direction in such situations is not to be in a state of denial that one is indeed in an abusive relationship. Signs of an abusive relationshipThere are various pointers of an abusive relationship, and the most telling one is fear of one’s partner. If one feels as though one has to walk on eggshells; whatever one says or does is under the scanner to avoid a blow-up—chances are one’s relationship is abusive and unhealthy. Included among other signs are a partner belittling or controlling the other partner and the other partner driven to the point of self-loathing, helplessness, and desperation.Emotional abuse: It’s a bigger problem than you thinkPhysical violence is not a part and parcel of an abusive relationship at all times.  Simply because one isn’t bruised and battered doesn’t necessarily mean one is not in an abusive relationship. Men and women alike suffer from emotional abuse, which is as destructive as physical abuse. Unfortunately, emotional abuse is often underrated or overlooked even by the victim.The intent of emotional abuse is to chip away at one’s feelings of independence and self-worth leaving one feeling defeated or have that defeatist mentality of succumbing to one’s abusive partner as there is no light at the end of the tunnel.  Abusive behavior is a choiceNotwithstanding what the beliefs of many people are, domestic violence and abuse do not occur because of an abuser losing control over their normal behavior. As a matter of fact, abusive and violent behavior is a choice made on purpose for gaining control. A variety of tactics are used by perpetrators for exerting their power and manipulating their victims.Click here to connect to Vidhikarya’s registered expert Domestic Violence lawyers for further legal advice in this regard. 

Posted By

Avik Chakravorty

1 month ago

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Consult Top Domestic Violence Lawyers in India

Kishan Dutt Kalaskar Retired Judge

Kishan Dutt Kalaskar Retired Judge

Retired Judge
Exp
Bangalore , Karnataka

Specialization

  • Domestic Violence
  • Civil
  • Criminal
  • Cheque Bounce
  • Divorce
Retired Judge 20 years service as Judge in different capacities. Read and prepared Head Notes for more than 10,000 judgments of different High Courts and Supreme Court. Head Notes published by various Law Publishers. Now preparing Head notes for www.scconline.com. Worked in different capacities an View Full Profile
Total Answers Given : 4782
Shreyash  Mohta

Shreyash Mohta

Advocate
Exp
Kolkata , West Bengal

Specialization

  • Domestic Violence
  • Divorce
  • Family
  • Muslim Laws
  • Bankruptcy And Debt
Hi, this is Shreyash Mohta I have graduated from University of Calcutta and I am a practicing Advocate. I deal mostly with criminal & quasi criminal cases with exp of 1-1.5yrs. My prime area of expertise is in matters related to Family Disputes, Divorce, Domestic Violence, etc. View Full Profile
Total Answers Given : 1692
HARISH  KAUSHIK

HARISH KAUSHIK

Advocate
Exp
Central Delhi , Delhi

Specialization

  • Domestic Violence
  • Civil
  • Criminal
  • Cheque Bounce
  • Divorce
Advocate Harish Kaushik has been practicing and handling cases independently with a result oriented approach, both professionally and ethically and has now acquired over 8 years of professional experience in providing legal consultancy and advisory services. View Full Profile
Khansaeed  Pathan

Khansaeed Pathan

9
Exp
Beed , Maharashtra

Specialization

  • Domestic Violence
  • Criminal
  • Civil
  • Cheque Bounce
  • Child Custody
A confident, enthusiastic and self motivated professional with 9 years of qualitative experience in legal field; expert in handling civil & criminal litigations and consumer cases; View Full Profile
Total Answers Given : 9
Braj  Nandan

Braj Nandan

Advocate
Exp
Lucknow , Uttar Pradesh

Specialization

  • Domestic Violence
  • Divorce
  • Family
  • Consumer Protection
  • Child Custody
I am specialist in family matter and consumer case. Hence, What I think, What I want, I achieved any how... View Full Profile
Total Answers Given : 2
Jaya  Dhoot

Jaya Dhoot

Advocate
Exp
Jaipur , Rajasthan

Specialization

  • Domestic Violence
  • Divorce
  • Criminal
  • Cheque Bounce
  • Banking
I am lawyer View Full Profile
Himanshu  Mahajan

Himanshu Mahajan

Advocate & Legal Consultant
Exp
South Delhi , Delhi

Specialization

  • Domestic Violence
  • Cheque Bounce
  • Criminal
  • Divorce
  • Consumer Protection
Total Answers Given : 26
Shreshth  Jain

Shreshth Jain

Partner
Exp
East Delhi , Delhi

Specialization

  • Domestic Violence
  • Employment And Labour
I am a consumer activist! I am a dynamic lawyer practicing in Delhi NCR, Punjab and Haryana. I aim at getting the best results in any situation. View Full Profile
Sahej  Uban

Sahej Uban

Lawyer
Exp
South Delhi , Delhi

Specialization

  • Domestic Violence
  • Criminal
  • Family
  • Civil
  • Consumer Protection
Sahej Uban & Associates (A Law Firm) is a result oriented firm and works all day long to furnish best legal services for their clients. View Full Profile
Shivaleela  Gujare

Shivaleela Gujare

lawyer
Exp
Pune , Maharashtra

Specialization

  • Domestic Violence
  • Cheque Bounce
  • Banking
  • Adoption
  • Civil
Total Answers Given : 2
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  • What is domestic violence?
  • What are the laws in India on domestic violence?
  • Who experiences domestic violence?
  • What remedies are available for victims of domestic violence?
  • Are there any resources for male victims of domestic violence?
  • What causes domestic violence?

What is domestic violence?


Domestic Violence refers to any form of abuse which causes harm/injury to the mental and/or physical health of a woman which compromises her life and safety. Any form of harassment in lieu of dowry demands also constitutes domestic violence.

Indian laws aim at the deterrence and removal of domestic violence. To achieve this, a legislation called The Protection of Domestic Violence Act was passed which came into force in 2005. It aims at upholding the constitutional principles enshrined in Article 14, 15, 21 and the other policies which are in force in India.

As per The Protection of Women from Domestic Violence Act, 2005, every aggrieved woman or a child who is, or has been, in a domestic relationship with the perpetrator or the aggressor of the domestic violence, can avail the facilities provided by the act.

Domestic Relationship refers to a relationship between two persons who live or have, at any time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in nature of a marriage, adoption or are family members living together as a joint family.

There are several recognised forms of domestic violence, some of them are physical violence, emotional abuse, sexual assault, dowry harassment, and so on.

The Protection of Women from Domestic Violence Act, 2005 provides several reliefs, some of them are monetary reliefs, custody orders, ex-parte and interim orders, right of residence, and so on. An order made under The Protection of Women from Domestic Violence Act, 2005 is enforceable throughout India. If a person experiences domestic violence, then they must file a First Information Report (F.I.R), they can make use of The Protection of Women from Domestic Violence Act, 2005 and register a Domestic Incident Report (D.I.R). The Magistrate can also be directly approached in instances of domestic violence. Section 498A of the Indian Penal Code recognises cruelty to a woman as an offence. It is indicative of the Indian Law’s stance on the issue of domestic violence. Section 498A says the following –

Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may exten

d to three years and shall also be liable to fine. The offence is Cognizable, non- compoundable and non-bailable.

Domestic violence is a heinous crime in which the victims often end up concealing the crime with their silence. Such crimes are psychologically damaging and act as a hindrance in achieving a healthy society. Appropriate steps must be taken to keep this social wrong in check.

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