Domestic violence means causing hurt or harm or danger to life, limb, health, safety or well-being, whether psychological or physical, emotional or economy and threat of causing harm, injury, or a threat to anyone the victim is interested in. Domestic abuse is a felony, and it is addressed in the Protection of Women from Domestic Abuse Act of 2005. The accused can also be held liable under Indian Penal Code (hereinafter IPC).
Domestic violence is not just physical abuse; it may take many more forms as well. For example, comparing one’s wife with his mother or any other women, not giving her money, and not letting her go out of the home. These many instances combined can form the offense of domestic violence. There are many types of domestic violence. These are:
Physical abuse: It refers to the act causing bodily pain, harm, or danger to life, limb or health or impairs the health or development of the aggrieved person including assault, criminal intimidation or criminal force.
Sexual abuse: It refers to the act of a sexual nature that humiliates abuses or degrades or violates the dignity of women.
Emotional abuse: It includes any type of insult or ridicule. For example, insults with respect to not having male children, comparing the wife with other women etc.
Economic abuse: It includes the deprivation of financial resources which a person needs for survival, disposing of assets of victims without her consent and against her will, restriction on financial resources. It includes not giving money to the wife for buying necessary items.
This Act is highly progressive as it not only includes the wife but also the women who are living in domestic relationship and it also includes other women in the household including mother or sister. Thus, the Act includes relations in the nature of consanguinity, marriage, or through relationships in the nature of marriage, adoption, or joint family.
Consequently, "domestic relationships" are not just defined in relation to marriage. However, this Act has one flaw in that it does not include instances of domestic violence committed by wives against husbands. In a patriarchal society like India, Women are considered not above the men. So, people believe that it is impossible for a woman to commit the act of violence against men. But we have forgotten that violence has many forms other than physical violence. It can be mental violence where wife mentally tortures the husband. In today’s era the act of violence against husbands has been increasing and there is no codified law to protect them. The Supreme Court in many cases has interpreted The Act in favor of the husband.
Case Laws:
Jammu and Kashmir Court had recently taken cognizance of the complaint filed by the husband against the wife under the Domestic Violence Act. The court held that the husband can also file a complaint against the wife for domestic violence under section 12 of Domestic Violence against the wife.
Supreme Court in Hiral P. Harsora vs Kusum Narottamdas Harsora, (2016)10 SCC 165 struck the portion of section 2(a) from the Domestic Violence Act as having violative of Article 14 of the Constitution and the phrase "adult male" as appearing in Section 2(q) also stood deleted.
After the deletion, it would appear that any person, whether male or female, aggrieved and alleging violation of the provisions of the Act could invoke the provisions under the Act. The petitioner's complaint could not have been rejected on the ground that the Act does not have provision for men and it could only be in respect of women.
Procedure:
Under section 12 of the Act the husband can file an application to the magistrate for taking appropriate steps in domestic violence cases. Even a protection officer can also file an application on behalf of the husband to the magistrate.
Section 27 states that application can be filed in court where the Aggrieved Person, Permanently Or Temporarily Reside; Or Carrying Business; Or Employed; Or Where The Opposite Party Resides; Or Carries On Business; Or Employed; Or Where the cause of action has arisen.
Section 13 of the Act states that within 3 days of receipt of application, the magistrate will fix the first date of hearing. From the first date hearing, the application should be disposed off within 60 days.
Moreover, other than filing an application under the Act, husband can also file for divorce under Hindu Marriage Act. If the couple or any one party resides in Mumbai then divorce application should be filed in Mumbai. For this, Divorce Lawyer In Mumbai should be appointed. Likewise, if a divorce application has been filed in Gurgaon then Divorce Lawyer In Gurgaon should be appointed. If a divorce application has been filed in Delhi then Divorce Lawyer In Delhi should be appointed.
So, the Supreme Court has interpreted the provision of the Act in such a way that it enhanced the scope of the Act.
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