Domestic Violence

WHAT IS DOMESTIC VIOLENCE?

Although the definition of domestic violence is provided under section 3 of protection of domestic violence act, But let us understand what domestic violence is in a common way? So domestic violence can be described as when one adult in a relationship misuses power to control another. It is establishment of control and fear in a relationship through violence and other forms of abuse.

1.THE VIOLENCE MAY INVOLVE THE FOLLOWING

Physical Abuse — choking, beating, pushing and threatening physical harm, harming or threatening to harm children loved ones or pets. It may also include threatening harm to themselves if their partner tries to leave the relationship.
Emotional abuse — name calling, disrespectful treatment
Verbal abuse — yelling, demeaning comments
Emotional Abuse- Giving threats to cause physical pain to any person who is very close to aggrieved person, giving threats of leaving the aggrieved person forever.
Sexual Abuse — forced sex, forced sexual acts, threats of sexual abuse
Financial Abuse — denying money, preventing someone from earning a living, forcing someone to go into debt, demanding money
Social Abuse — isolating people from friends and family, using family to intimidate, monitoring contacts on social media.
Psychological Abuse — blaming their partner for being abused, telling the person being abused that they have mental health problems, manipulating and twisting reality, denying abusive behaviors
Economic Abuse-

2.WHO CAN FILE DOMESTIC VIOLENCE?

Any aggrieved person can file domestic violence case, Now the question arises what is aggrieved person? So the definition of aggrieved person is provided under section 2(a) of D.V Act. But the definition of aggrieved person cannot be interpreted by giving a narrow meaning as “Wife” only. Aggrieved person means any women who is, or has been in a domestic relationship with the respondents and who alleges to have been subjected to any act of Domestic Violence by the respondents (Bismi Sainudhen V/S P.K Nabeesa Beevi & Ors 2014 Cri Lj 904 ker)

3.AGAINST WHOM CAN THE COMPLAINT BE FILED UNDER THE DOMESTIC VIOLENCE ACT?

Section 2(q) of the Domestic Violence Act defines “respondent” as any adult male person who is, or has been, in a domestic relationship with the aggrieved person and against whom the aggrieved person has sought any relief under this Act: Provided that an aggrieved wife or female living in a relationship in the nature of a marriage may also file a complaint against a relative of the husband or the male partner. In view of the definition of the term respondent covering adult male person, the judiciary has time and again been confronted with the argument that an aggrieved person can file complain under the Domestic Violence Act against an adult male person only and not against the female relatives of the husband i.e. mother-in-law, sister-in-law. However, the Supreme Court in the case of Sandhya Wankhede vs. Manoj Bhimrao Wnakhede[6] put ot rest the issue by holding that the proviso to Section 2(q) does not exclude female relatives of the husband or male partner from the ambit of a complaint that can be made under the provisions of the Domestic Violence Act. Therefore, complaints are not just maintainable against the adult male person but also the female relative of such adult male.