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Women: Victims of Domestic violence

Domestic violence essentially is violent acts that a family or household is guilty of committing or it could be a solo act by a family member or a household against each other. In the ambit of domestic violence, the perpetrators are a child abuser as well as a wife-beater. Any sort of physical injury may be caused to a family member or to a member of a household owing to some form of domestic violence. Domestic violence by definition includes all intended acts of physical, sexual, psychological or economic abuse. Anyone regardless of age, gender, the financial or economic background can be victims of domestic violence. The behavior pattern of domestic violence includes attempts of scaring, physically harming, or controlling a partner so on and so forth. Domestic violence isn’t limited to physical violence rather it extends to mental abuse as well.Types of domestic violence Physical Abuse: Physical hostilities are harmful behavioral patterns akin to physical abuse and aggression of all forms.Sexual Abuse: What it refers to is the sexual exploitation by coercing an unwilling partner to get into a sexual relationship. This sort of sexual harassment encompasses both verbal and physical torture including reproductive rights and forced abortions.Emotional Abuse: Any behavioral pattern exploiting someone’s weakness, insecurity or character is essentially emotional abuse happening during the abusive relationship characterized by unabated criticism, name-calling, embarrassing, and teasing.Call 7604047601 for consultation with registered expert domestic violence lawyers on Vidhikarya.

Posted By

Avik Chakravorty

1 week ago

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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

1 month ago

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Consult Top Domestic Violence Lawyers in India

 B. Srikiran

B. Srikiran

Advocate
Exp
Hyderabad , Telangana

Specialization

  • Domestic Violence
  • Criminal
  • Civil
  • Divorce
  • Cheque Bounce
B. Srikiran Advocate is a trusted Criminal, Civil, Matrimonial and Consumer Disputes lawyer and provides reliable, client-centric, affordable legal services. B. Srikiran Advocate has successfully established himself as one of the prominent legal advisers in Hyd. View Full Profile
Total Answers Given : 28
Parmeshwar Digambarrao Pawar

Parmeshwar Digambarrao Pawar

Advocate
Exp
Pune , Maharashtra

Specialization

  • Domestic Violence
  • Divorce
  • Family
  • Cheque Bounce
  • Partnership
Practicing lawyer at Family court, District and sessions court Pune since 2011. Having expert knowledge and experience for the various divorce cases based on grounds of cruelty, desertion and adultery. Also handling domestic violence cases from both the sides. We provide trustful legal services. View Full Profile
Total Answers Given : 24
Adv Sonali  Kulkarni

Adv Sonali Kulkarni

Advocate
Exp
Pune , Maharashtra

Specialization

  • Domestic Violence
  • Family
  • Intellectual Property, Copyright, Patent, Trademark
  • IT Contracts
  • Will
Prominent and efficient advocate View Full Profile
Total Answers Given : 22
SUBRATHA  RAY

SUBRATHA RAY

Legal Counsel , Lawyer
Exp
Delhi , Delhi

Specialization

  • Domestic Violence
  • Criminal
  • Sexual Harassment at Workplace
  • Divorce
  • Banking
Practicing Lawyer & mastering the law skills in the field of Criminal & Civil Laws. Appointed for Pro Bono Legal Services by Ministry Of Law & Justice, (Department of Justice). Expertise in Bail's & Anticipatory Bails, Civil Cases, Divorce , Patent & Trademark &Copyrights Law, Legal Draftings. View Full Profile
Total Answers Given : 13
 Shuchei  Agarwal

Shuchei Agarwal

Advocate
Exp
Gautam Buddha Nagar , Uttar Pradesh

Specialization

  • Domestic Violence
  • Family
  • Advertising
  • Animal Laws
  • Aviation
Total Answers Given : 11
Sunita  Nanda

Sunita Nanda

lawyer
Exp
Bhubaneswar , Orissa

Specialization

  • Domestic Violence
  • Cheque Bounce
  • Divorce
  • Criminal
Very Good Lawyer View Full Profile
Total Answers Given : 11
vikas  surve

vikas surve

Lawyer
Exp
Mumbai City , Maharashtra

Specialization

  • Domestic Violence
  • Cheque Bounce
  • Divorce
  • Consumer Protection
  • Criminal
I am having 10 years of experience as a lawyer and I am handling family disputes cases, consumer disputes cases, cheque bouncing cases, and criminal cases independently. View Full Profile
Total Answers Given : 10
YAKUB ALI  MOHAMMED

YAKUB ALI MOHAMMED

ADVOCATE
Exp
Hyderabad , Telangana

Specialization

  • Domestic Violence
  • Criminal
  • Civil
  • Divorce
  • Juvenile
Myself Yakub ali done B.com, LLB, LLM Student at ICSI practicing Advocate in Telangana major cities and almost all Courts. My Passion is to To Advice, To Solve, To Encourage, To Motivate, To Inspire Young Minds, And To Create Stress Less Life By Serving The People Globally. View Full Profile
Total Answers Given : 8
Shantaram Changdev Bedekar

Shantaram Changdev Bedekar

Lawyer
Exp
Raigad , Maharashtra

Specialization

  • Domestic Violence
  • Documentation
  • Civil
  • Cheque Bounce
  • Criminal
I am practising in Civil-Criminal matters in various courts of maharashtra. Presently handling cases in Raigad, Thane, Navi mumbai, mumbai areas. I can appear anywhere in indian court. I am dealing in matters i.e. land dispute, real estate property, consumers, family disputes, divorce,will,successio View Full Profile
Total Answers Given : 4
Arvind  Tripathi

Arvind Tripathi

Lawyer
Exp
Allahabad , Uttar Pradesh

Specialization

  • Domestic Violence
  • Civil
  • Criminal
  • Cheque Bounce
  • Divorce
Mr. Arvind Tripathi, Advocate is an Advocate with 30 years of experience in Civil and Criminal matters. He specializes in Service and Bail matters. He runs a Law Firm by the name of Mimansa Law Firm which is very reputed firm in the whole of Uttar Pradesh. View Full Profile
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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