domestic violence act (PART 1) by isha jain @lexcliq

DOMESTIC VIOLENCE ACT

Domestic violence means

  • Causing hurt, injury or danger to life, limb, health, safety or well-being, whether mental or physical.
  • Causing harm, injury, or danger to the woman with an intention to coerce her or any other person related to her to meet any demand for dowry.
  • “Physical abuse” includes hurt of any kind. Assault, criminal intimidation and criminal force.
  • “Sexual abuse” such as conduct of a sexual nature such as forced sexual intercourse, forcing the aggrieved person to watch pornography or other obscene material. Forcibly using woman to entertain others, any other act of sexual nature, abusing, humiliating, degrading or otherwise violative of one’s dignity.
  • Verbal and emotional abuse” such as Accusation/aspersion on character or conduct. Insult for not brining dowry, Insult for not having a male child. etc. Forcing to not attend school, college or any other educational institution preventing one from taking up a job repeated threats to cause pain to any person in whom the woman is interested. Preventing from marrying a person of your choice.
  • providing food, clothes, medicine. etc, Forcing woman out of the house. Preventing from accessing or using any part of the house, preventing or obstructing one from carrying on employment Non-payment of rent in case of a rented accommodation, selling or pawing stridhan or any other valuables without informing and without consent. Forcibly taking away salary, income or wages etc. Non-payment of other bills such as electricity, etc.
  • “Economic abuse” such as not providing money for maintaining woman or her children
  • providing food, clothes, medicine. etc, Forcing woman out of the house. Preventing from accessing or using any part of the house, preventing or obstructing one from carrying on employment Non-payment of rent in case of a rented accommodation, selling or pawing stridhan or any other valuables without informing and without consent. Forcibly taking away salary, income or wages etc. Non-payment of other bills such as electricity, etc

    Who is covered under the Act?

      • Any woman who alleges to have been subjected to any act of domestic violence by the offender or any person may file a complaint on her behalf
      • A child is also entitled to relief under the Domestic Violence Act. The mother of such a child can make an application on behalf of her minor child (whether male or female). In cases where the mother makes an application to the court for herself, the children can also be added as co-applicants.The Act covers all women who may be mother, sister, wife, widow or partners living in a shared household. The relationship may be in nature of marriage or adoption. In addition relationships with family members living together as a joint family are also included. However, no female relative of the husband or the male partner can file a complaint against the wife or the female partner, for e.g. the mother-in-law cannot file an application against a daughter-in-law, but she can file an application against her daughter-in-law for abetting her son to commit violence against her.

      FOR PART 2  (click here)

 

 

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