Court Marriage in India is provided under the Special Marriage Act, 1954. Two persons irrespective of their caste, religion, place of birth, nationality, etc can get married through this procedure. While filing for the Court Marriage, you can seek the assistance of an experienced Court Marriage Lawyer, who could assist you in filing for the paperwork as well as provide legal advice for the various procedures involved in the process of the court marriage.
However, protection from domestic violence is provided under the Domestic violence Act of 2005. Now say for example, you filed for Ghaziabad Court Marriage, after marriage if you face any kind of violence in your matrimonial house, you will file the case in accordance to the provisions for the act of domestic violence as it has nothing to do with the kind of marriage procedure you accepted while getting your marriage solemnized.
The following article will explain a bit about the legal provisions in relation to domestic violence law in India.
Domestic violence could be understood as a systematic method to instill fear and subservience in an individual in the domestic setting. Domestic violence in India mainly means violence suffered by a person by his own relatives but specifically covers the violence suffered by women from the members and relatives of the family.
Previously, the law governing domestic violence was provided under Section 498-A of the IPC. However, there are two shortcomings in the Section as it does not provide any relief or compensation to the victim and Section 498-A was applicable to married women only. To overcome these shortcomings, the Domestic Violence Act, 2005 or the Protection of Women from Domestic Violence Act, 2005 was passed by the Govt. of India.
What would lead to Domestic Violence?
According to the Act of 2005, Domestic Violence is harming or injuring a woman in a domestic relationship. It includes physical, sexual, verbal, emotional, and economic abuse to an individual.
The abuse under the Act includes not only actual abuse but also any threat to abuse. Thus, any harassment to the woman or her relatives for the dowry demand would also come under the ambit of domestic violence.
As defined under Section 2(a) of the Act of 2005, an “aggrieved person” is a woman who is, or has been, in a domestic relationship with the perpetrator and who alleges to have been subjected to any kind of domestic violence.
Types of Domestic Violence against women-
Domestic violence against women could vary from physical, sexual, verbal, economic or emotional abuse-
Physical Abuse - Most prominently visible form of abuse. Any act resulting in bodily pain or any danger to life, limb or health or development of the victim, it also includes assault, criminal force, and criminal intimidation.
Sexual abuse - sexu.al abuse as per the law is any abuse of a sexual nature that abuses, humiliates, degrades or otherwise violates the dignity of a woman.
Verbal and emotional abuse- it includes remarks/threats made by the relations during the domestic violence against women. Verbal abuse further results in emotional abuse and is the most commonly seen violence against women.
Economic abuse- it is generally characterized as the method of depriving or to threaten to deprive the victim from use of financial resources or assets.
To whom should the act of violence be reported to?
Under the Act, any woman who is aggrieved by the act of violence or anyone who has witnessed the act of domestic violence can approach the nearest police station, protection officer or a service provider. The court can appoint a protection officer, which a special post is created to act as a link between the victims and the system.
One can directly file a complaint to the Magistrate for obtaining the orders of relief under the Domestic Violence Act.
After a complaint has been filed, the Court has to initiate the hearing within a period of three days of the complaint being filed.
If the complaint is found to be genuine, the court passes a protection order.
Also, under Section 498-A of the IPC which provides for matrimonial cruelty and provides for a criminal penalty, a complaint can be filed.
Can a man file a case against domestic violence?
Indian domestic laws are silent on the issue of domestic violence against males. However, the Supreme Court of India recognized the need for the protection of males from acts of domestic violence against them.
In the case of Narayan Ganesh Dastane v Sucheta Narayan Dastane S.C. recognized the issue of cruelty for the first time and recognized it as a ground for divorce.
Thus, there is no provision for domestic violence against males specifically, however, if you are facing domestic violence in your relationship, we would advise you to seek professional advice from an experienced Domestic Violence Lawyer. Instead, such an act of violence is recognized as cruelty under the grounds for divorce.
Thus, if you are filing for a court marriage or are facing any problem in your marriage and are seeking legal advice or assistance, you can contact us at Lead India as we offer you a team of experienced advocates who have been successfully dealing with these issues for years.
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