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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

Mohd  Suhail

Mohd Suhail

advocate
Exp
Dehradun , Uttarakhand

Specialization

  • Domestic Violence
  • Criminal
  • Divorce
  • Cheque Bounce
  • Child Custody
Vinay Kumar Nukathoti

Vinay Kumar Nukathoti

Advocate
Exp
Hyderabad , Andhra Pradesh

Specialization

  • Domestic Violence
  • Family
  • Arbitration and Mediation
  • Banking
  • Cheque Bounce
Anand  Bajpai

Anand Bajpai

Lawyer
Exp
New Delhi , Delhi

Specialization

  • Domestic Violence
  • Corporate and Incorporation
  • Cheque Bounce
  • Bankruptcy And Debt
  • Civil
A Corporate & Commercial Lawyer, Corporate (IBC & Company Law), Cheque bounce138 NI Act, Legal notices, Civil & Arbitration at DRT, NCDRC, NCLT, NCLAT, HIGH COURT, RBI, PMLA, SFIO, FCRA-MHA, Corporate Affairs(MCA), ROC, Regional Director (RD), Appellate DFS-MOF, MHA and ALL District Court View Full Profile
Anil  Phogat

Anil Phogat

Advocate
Exp
Gurgaon , Haryana

Specialization

  • Domestic Violence
  • Criminal
  • Cheque Bounce
  • Divorce
  • Motor Accident
Few lines about me: hard working n dedicated towards work, good mediator, believe in success, and do satisfactory work. View Full Profile
Irfan Ahmed Saeed

Irfan Ahmed Saeed

Advocate
Exp
Mumbai , Maharashtra

Specialization

  • Domestic Violence
  • Civil
  • Intellectual Property, Copyright, Patent, Trademar
  • Real Estate
  • Consumer Protection
Having 10+ years experience in the legal field. International exposure,having clients in USA and Africa. Expert drafting Skills and well versed with court procedures. Dealing with CIVIL ,CORPORATES , CONSUMER, REAL ESTATE, CONSTRUCTION, DOCUMENTATION, REGISTERATION AND FAMILY MATTERS. View Full Profile
Pallavi  Tulpule

Pallavi Tulpule

Advocate
Exp
Raigad , Maharashtra

Specialization

  • Domestic Violence
  • Divorce
  • Juvenile
  • Family
  • Adoption
Practising Advocate at District Court Alibag View Full Profile
Prasad Vijay Mane

Prasad Vijay Mane

Lawyer
Exp
Mumbai City , Maharashtra

Specialization

  • Domestic Violence
  • Cheque Bounce
  • Criminal
  • Divorce
  • Family
I take civil as well as criminal matter,family matters, cheque bounce 138,IPR, child custody View Full Profile
Siddartha  S Ramachandra

Siddartha S Ramachandra

Founder and principal
Exp
Bangalore , Karnataka

Specialization

  • Domestic Violence
  • Criminal
  • Documentation
  • Arbitration and Mediation
  • Banking
Adv.S.R.Siddartha an Advocate Practicing Passed in the year 2007 August a protégé from S.J.M Law College, Chitradurga from Kuvempu University We firmly believe and we are accomplished litigators help in rendering our dedication to providing outstanding client service.” View Full Profile
Feroz Abdurrahim Shaikh

Feroz Abdurrahim Shaikh

Advocate, Supreme Court of India; Bombay High Court.
Exp
Mumbai suburban , Maharashtra

Specialization

  • Domestic Violence
  • Criminal
  • Family
  • Divorce
  • Election Campaign and Political Laws
With 18 years of professional experience as practicing advocate from criminal, appellate and original side. Practicing in High Court of Judicature at Bombay and Hon'ble Supreme Court of India. View Full Profile
Lokesh Phanindra  Bonthu

Lokesh Phanindra Bonthu

Lawyer
Exp
Hyderabad , Telangana

Specialization

  • Domestic Violence
  • Criminal
  • Divorce
  • Sexual Harassment At Workplace
  • Administrative Law
Best lawyer View Full Profile
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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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