D omestic Violence Act, 2005

Domestic Violence Act, 2005
Aims & objectives of the act
The Protection of Women from Domestic Violence Act of 2005 is distinct from the provisions that are provided under the Indian Penal Code, 1860 as it lays down a broader definition of the term ‘Domestic Violence’ in the sense that who it protects.
The women under this law are protected not only within the marital bond i.e from their husbands but also within the bonds that arise because of marriage. These relationships include father-in-law/mother-in-law, relationships by blood etc.
The various types of Violence are defined as under:-
Domestic violence
Domestic violence refers to the injury or if there is any danger to the life of the woman. It will also include any sort of risk to the woman whether physical or mental. The domestic violence can also be done with an objective of asking dowry.
Sexual abuse
The sexual abuse will also be included in this. If the woman is being forced to have sexual intercourse or to watch any kind of obscene material, or if the woman is forced to entertain others, this is termed as sexual abuse.
Emotional & verbal abuse
If the woman is being insulted for not giving birth to a male child in the family or she is being insulted by the husband on continuous basis.
Nature of proceeding
It is a quasi-civil proceeding. The reliefs which are provided will be civil in nature. The orders for protection can be availed by the parties.
Nature of evidence
Preponderance of probability.
Right to residence–
The Court can order that the wife will not be dispossessed from her matrimonial home. The rent or accommodation charges need to be paid by the husband by the order of the Court.
Jurisdiction of the court
Metropolitan Magistrate or Judicial Magistrate of First Class
Interim maintenance
In such type of cases, people usually have this question- Whether the Judge has to consider the evidence of the parties regarding domestic violence before disposing the application filed by the wife for interim maintenance or interim relief? The answer is, No. Because at the time of disposing the interim maintenance application, the Judicial Officer only considers the income affidavit filed by the wife and husband.
False cases of domestic violence by the wife
A counter claim can be filed by the husband if the wife of the husband has filed false cases of domestic violence against him or his family.
Remedies available to the husband:-
Restitution of conjugal rights – The husband can also file a petition for the Restitution of Conjugal Rights if the wife has left the matrimonial home without giving any valid reason or justification.
Proof in cross – examination – If the wife has filed a charge against the husband then she has to prove it in the Court of law. It is the responsibility of the husband now to collect proofs to defend himself against the false claims of his wife. The cross- examination is a very strong stage to prove the innocence.
Filing of a counter case -
- The husband can file a criminal case against his wife if he thinks that she is conspiring against him and his family members under Section 120 of the Indian Penal Code.
- If the wife has given false information to the police officials, then the husband can proceed under Section 182 of the Indian Penal Code. In this case, the police officer can write a complaint and criminal proceedings shall start soon against the wife.
- For giving false evidence on the record of the Court, a case can be filed under Section 191 of the IPC against the wife.
Case laws -
‘Rajnesh vs neha, 2021 (2) SCC 324’ – It was held in this case that the educational status and income affidavit of the parties is verified by the Judicial Officer. The bank account statements of past three years, three years ITR and the latest salary slips of both the parties are required.
‘Kailash chandra agarwal vs state of U.P., 2014 AIR SCW6152’ – In this case the Hon’ble Court observed that there has been developed for roping by the wife in the cases related to dowry deaths or similar offences in anxiety for seeking conviction and the same should be deprecated.
‘Shabnam sheikh vs the state of maharashtra, Crl App. (APL) No. 114 of 2014’ – In this case, the application filed under Section 482 of the Criminal Procedure Code (CrPC), 1973 was allowed. The Court further observed the tendency of trapping the husband or relatives of the husband in false cases of 498A IPC. Hence, the allegations against the husband as alleged by the wife were found to be untrue in this case.
Frequency and questions
Yes, the wife has to prove domestic violence by leading the evidences for getting final relief.
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