Domestic violence in India refers to any act of violence, which includes physical, mental, and emotional abuse, or harm to a woman's body, or economic exploitation that is caused by the husband or her in-laws during her stay in her marital house / shared household. The Protection of Women from Domestic Violence Act, 2005 is the law protecting women from domestic violence in our country. If a woman is a victim of physical abuse and harm at the hands of their husband and in-laws then this act not only provides for relief to the hurt woman but also provides compensation for the hurt and harm that her marital family has caused her, albeit it is condition to the whether or not the court thinks it is fair that compensation should be granted.
Apart from the injury caused, domestic violence also views coercion or forceful extortion of money or property from the woman or her family as also a part of domestic abuse. Domestic violence is not limited to just physical violence or coercion but also includes verbal abuse and economic abuse done to the wife by her husband and her in-laws. Therefore, if a woman is constantly humiliated and harassed by her husband and in-laws or if she is threatened by them that they will cause her any physical pain then she can approach the court with a complaint against them. Furthermore, if a woman is forced to give her income or her assets to her husband and her in-laws or if she is forced to transfer her properties in their name, without her will, she can approach the court for relief and the court may either order the said properties to be returned to her or may grant her compensation for them, or at times may provide restraining / injunction orders against the husband and his relatives.
The Domestic violence act is not just limited to married women but also extends to the women involved in live-in relationships for a significant period and gives them equal rights as a married woman. Any woman who is a victim of domestic violence, apart from medical and economical compensation can also claim maintenance for herself and her child under this act and this even includes the child born to a couple living in a live-in relationship.
It is important to understand that when filing for a domestic violence complaint, the accused parties can only be the ones who were residing in the same household or home as the woman making the complaint, and the parties who are living in a separate household as her cannot be claimed as the accused in her complaint. The Act also provides maintenance, accommodation and child support, and compensation to the victim as per the case.
We at AnaghaLegal make the parties aware of the various laws available for their rescue however discourage taking disadvantage of such women-centric laws which may aggravate the situation and end up in the revenge and game of vengeance rather than an amicable closure of the marital discord. We discourage the abuse of law in every sense.