WHY WAS DOMESTIC VIOLENCE ACT 2005 INTRODUCED?

Domestic violence has been prevalent for quite a long time now and has created havoc all across the world. Let’s start with understanding what is domestic violence?

Homegrown maltreatment, additionally called “abusive behavior at home” or “personal accomplice viciousness” or Domestic violence can be characterized as an example of conduct in any relationship that is utilized to acquire or keep up with force and command over a private accomplice. Misuse is physical, sexual, enthusiastic, monetary, or mental activities or dangers of activities that impact someone else. This incorporates any practices that terrify, scare, threaten, control, hurt, embarrass, fault, harm, or wound somebody.

 Homegrown maltreatment can happen to anybody of any race, age, sexual direction, religion, or sex. It can happen inside the scope of connections including couples who are hitched, living respectively, or dating. Abusive behavior at home influences individuals of every single financial foundation and instruction level. Anybody can be a casualty of abusive behavior at home, paying little mind to age, race, sex, sexual direction, confidence, or class Casualties of homegrown maltreatment may likewise incorporate a youngster or other family member, or some other family part.

Homegrown maltreatment is commonly shown as an example of oppressive conduct toward a personal accomplice in a dating or family relationship, where the victimizer applies force and command over the person in question. Homegrown maltreatment can be mental, physical, monetary, or sexual in nature. This all form of domestic violence mainly against women led to the bringing of a new law or act that can govern this domestic violence and its code of conduct namely The DOMESTIC VIOLENCE ACT 2005.

This act when introduced brought some salient features with it, like an aggrieved woman can be anyone who has been in a domestic relationship with a man and has been subjected to cruelty will be brought under this Act and the man will have to face severe consequences. Not only this act was made to protect women from marital relations (married life) but also from their blood relations (parents, brother, sister).  Violence against women includes many forms like bride burning, dowry death, female infanticide, sati tradition, and many other ways.

Now regarding the criticism of the act, it was seen in the act that it implies only to women who are married or who share a domestic relationship or shared household with a man but this was overturned by The Supreme court in some of its judgments:

In the case of Lalita Topoo vs the State of Jharkhand, it was held that a live-in partner and also an estranged partner can seek compensation or relief in The domestic violence act 2005. Under the steady gaze of the summit court, a request for Jharkhand High Court, which held that Section 125 CrPC doesn’t accommodate the award of support to a not legitimately wedded lady to the individual to whom such upkeep is asserted, was attacked. For this situation, it was conceded that it was a live-in relationship. A two-judge seat, containing Justice TS Thakur and Justice Kurian Joseph, alluded the accompanying inquiries to a bigger seat: –

 Whether the living respectively of a man and lady as a couple for a significant timeframe would raise the assumption of a legitimate marriage among them and regardless of whether such an assumption would qualify the individual for support under Section 125 CrPC[1]

Further, in the case, Megha Khandelwal vs Rajat Khandelwal Justice A.N. Khanwilkar also stated that education is not a criterion to not get relief under domestic violence. The petitioner said my wife is educated so domestic violence does not apply here but this statement was quashed by the interim court and thereby giving the judgment that the wife can get interim maintenance even if she is highly qualified and educated.[2]


[1] Daaman.org/jd-/Lalita Topoo vs The state of Jharkhand

[2] ttps://www.latestlaws.com/latest-news/domestic-violence-husband-has-to-pay-maintenance-even-if-wife-is-well-educated

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