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Domestic Violence and Women Rights


Domestic Violence and Women Rights

Domestic violence in India means physical abuse of a person by another person who is a blood relative and usually in general connotation it means the physical abuse inflicted upon a female by her male relatives within the confinements of home.

The Section 3 of the Domestic Violence Act, 2005 defines it as follow;

For the purposes of this Act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it –

(a) harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or

(b) harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or

(c) has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause (a) or clause (b); or

(d) otherwise injures or causes harm, whether physical or mental, to the aggrieved person.


Lately it has been observed across the society that there has been a tremendous rise in the cases of domestic violence. You can ask any lawyer in Delhi, Bangalore, Mumbai, Kolkata and Chennai the biggest metros of India and you will get a similar answer that they have been receiving calls from clients suffering from domestic violence.

A good lawyer in Delhi working for legal aid or NGO or human rights will tell you about the pathetic conditions of women being tortured by their relatives especially the husbands. So, what are the ways for a woman to safeguard herself from such harassment and abuse and what are her legal rights?

While speaking to a Lawyer in Delhi, who has handled many such cases she pointed out that our laws are good enough to protect the women and grant her respite from the domestic violence. Sec 498A and 304B of the Indian Penal Code were already there and in the year 2005 a dedicated law, Domestic Violence Act was enacted.


Under the new law every district has been appointed with a Protection Officer who can take cognizance of such offences or complaints. The aggrieved woman can be put into a shelter house at the behest of the Protection Officer, if needed and can be provided with medical facilities as required. The Magistrate under this law can grant the following reliefs to the aggrieved woman;

Monetary Compensation from the respondent;

Order not to abuse or communicate or harm the woman;

Order the ensure the right to stay in the shared house; and

Grant temporary custody of child to the aggrieved woman

Apart from all the above reliefs the aggrieved woman can also seek any other relief under any other applicable laws in India like Maintenance, separation or divorce. Although the cases of Domestic violence are rising in India but at the same time our legal system and lawyers are well equipped to help and support the aggrieved women.

Posted On : September 3, 2020

Written By :
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Neha Roy

Recommended Free Legal Advices
question markDomestic Violence and Mental Torture by Husband
Court gram panchayat ke kisi faisle ko koi nhi manati hai. And aise faisle ki koi importance law ki najar me nhi hai. Aap ko apne husband or sasural walo ke khilaf police me complaint karni chahiye. Aap domestic violence ka case bhi file kar sakte hai. And dowry act and cruelty ka case bhi file kar sakte hai.
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Dear Sir/ Madam, Without a written acknowledgement do not handover any articles as once you do they can still file case u/s 498A, 406 IPC. Stridhan falls under her personal property but besides that, there should not be any dowry demand in the court. If you find this response useful then please rate me
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Hi, You have given very limited details about your case, under such circumstances, it is difficult to advise, however you can contest the divorce case and adduce evidence to prove and establish your case. Your wife will have to establish the grounds for divorce, and you can contest it. If you like my answer, please rate me.
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A widowed daughter in law can claim maintenance against the joint family property. The claim is enforceable against the Father in Law so long as the daughter in law has a right to claim maintenance against the coparcenary property in the hands of the father in law.However, during the lifetime of the husband,the daughter in law is not entitled to claim property or maintenance from the Father in Law but she is entitled to claim maintenance for herself as well for her children from the husband even when the husband is jobless. In a significant ruling, the Bombay High Court has held that even if a husband is jobless, he is bound to maintain his wife & children and can't cite his unemployment as an excuse for not paying the monthly maintenance. The High Court said the earning capacity of a husband can't be lost sight of & accordingly ordered a man to pay maintenance to his estranged wife.
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Finally I waited for 2year for him. but he dint. So recently I raised this in 'disha' After calling couple of times. He attend one time for that meeting and asking for divorce and black mailing us 'what ever case you want to keep just keep'. Because his brother-in-law is lawyer. So in disha also there told to keep case on him. In this scenario, how many cases can I file on him? Answer - 498a, Dowery Harassment, Domestic violence & Maintenance Petition
Expert Lawyers in Domestic Violence
Anoop
D.O.E. : 1/2008
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D.O.E. : 3/2013
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GANESH
D.O.E. : 11/2016
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ANISH
D.O.E. : 12/2007
Mumbai suburban
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