Domestic Violence Lawyer in Delhi

Indian constitution gives some rights to the Indian citizen while there is some special provision available for women like women's residential rights. Women's residential rights involve the freedom to live in a secure environment free from discrimination or fear of violence. Women have a right to live in her matrimonial home as their basic rights without hindrance. While they are struggling with unconditional issues. As we know, domestic violence against women is a serious issue that has plagued societies across the world and India. Women have been subjected to physical, emotional, and psychological abuse by their partners, which has led to a significant impact on their physical and mental well-being. In India, the Protection of Women from Domestic Violence Act, 2005 was enacted to provide women with protection against domestic violence. However, any woman stuck and facing domestic violence, they have right to save themselves using a legal procedure with the help of a domestic violence lawyer.

  Protections of women's rights from Domestic Violence Act 2005

Women face a lot of challenges when it comes to housing and residential rights. Domestic abuse affects a lot of women, and it frequently forces them to leave their homes. Divorced or widowed women may experience housing discrimination and may not be allowed to reside in their marital residences or ancestral homes. A woman has the right to dwell in a shared household, which includes the home she shared with her husband or partner, under the Protection of Women from Domestic Violence Act of 2005, which recognises their residential rights. The legislation also guarantees a woman's right to financial assistance and compensation for any harm or loss she might have endured as a result of domestic abuse. Domestic violence is a violation of a woman's fundamental human rights. Women have the right to live with dignity and freedom, which includes the right to be free from all forms of violence, including domestic violence. Domestic violence can take many forms, including physical, sexual, emotional, and economic abuse. Although, getting help of domestic violence lawyer in Delhi, you can get umpteen of advantages against this illegal provision.

Under Section 17 and 19 of the Protections of women rights from Domestic Violence Act, a woman who has experienced domestic violence can seek protection and relief from a magistrate. Section 17 provides for the appointment of a Protection Officer who will assist the aggrieved person in filing a complaint and obtaining a protection order. Section 19 provides for the issuance of a protection order that can restrain the respondent from committing any act of domestic violence, entering the shared household, and communicating with the aggrieved person. You can make it possible with the help of best domestic violence lawyer in Delhi.

  Supreme Court Judgement on the provision of women residential rights

Regarding women’s rights supreme court has passed several judgements to secure their rights. If you stuck in this hurdle situation then you can come with us because we have experienced domestic violence lawyers who will help in the interpretation and implantation of the protection of your rights under Domestic violence act, 2005.

Satish Chander Ahuja vs Sneha Ahuja on 15 October 2020 The Court issued a major decision in the Sneha vs Chander Ahuja case on October 17, 2019. In this case, the interpretation of Section 2(f) of the Protection of Women from Domestic Violence Act, 2005, as well as the residence rights of a woman in a live-in relationship were at dispute. In this case, the petitioner, Sneha Lata Sawhney, had been in a live-in relationship with Chander Ahuja, the respondent. She alleged that she had been subjected to physical and mental abuse and was seeking protection under the Domestic Violence Act. The respondent, on the other hand, contended that he was not in a domestic relationship with the petitioner and therefore the Domestic Violence Act did not apply to their situation. He also argued that the petitioner did not have any right to reside in his property as she was not legally married to him. Domestic violence lawyer put their effort in this proceeding.

 

• According to the Court's decision, the term "domestic relationship" as used in Section 2(f) of the Domestic Violence Act is broad enough to cover relationships between unmarried individuals who share a home. According to the court, the nature of the relationship between the parties is more significant than its formal status.


• The court further stated that under the Domestic Violence Act, a woman in a live-in relationship is entitled to the same protections as a woman who is lawfully married. The court noted that a woman who is living with someone else should not be denied legal protection because she is more likely to be the victim of exploitation and abuse.


• The Court also clarified that a woman in a live-in relationship has the right to reside in the shared household, which includes the property where she has been living with her partner, irrespective of the ownership of the property.

The judgment in the Satish Chander Ahuja vs Sneha Ahuja on 15 October, 2020 case is a significant step towards recognizing the rights of women in live-in relationships and ensuring their protection under the law. It emphasizes the importance of the nature of the relationship between the parties and provides clarity on the interpretation of the Domestic Violence Act in cases of live-in relationships. You can get support regarding this proceeding with the help of best domestic violence lawyer in Delhi. The court also declared that domestic violence is not become a crime under the PWDVA. Instead, it offers legal remedies like monetary redress, custody orders, and protective orders. The court noted that a wide range of reliefs are provided by law to address the various needs of women who have endured domestic violence.

  Prabha Tyagi Judgement on protection of women’s rights

The Prabha Tyagi vs. Rajesh Tyagi case was a landmark judgment delivered by the Supreme Court of India. The case dealt with the issue of the protection of women's rights under the provisions of the Protection of Women from Domestic Violence Act, 2005. In this case, the petitioner, Prabha Tyagi, had filed a complaint under the Domestic Violence Act alleging that she had been subjected to physical and mental abuse by her husband, Rajesh Tyagi. The respondent argued that he had never abused his wife and that her complaint was false and frivolous. While, domestic violence lawyer played their role in this case.

• The Supreme Court in its judgment held that a complaint under the Domestic Violence Act cannot be dismissed on the grounds of delay or on the ground that the complaint was false. The court observed that the act was enacted to provide for the protection of women from domestic violence and to ensure that their rights are safeguarded.


• That now Domestic Incident report is not mandatory to issue summons to the respondent party.


• The court emphasized that the objective of the act is to provide an effective remedy to women who have been subjected to domestic violence and that the act should be interpreted in a manner that advances this objective.


• The judgment in the Prabha Tyagi case is significant as it emphasizes the importance of protecting women's residential rights and ensuring that women hold residential rights in the absence of domestic violence as well.

Best domestic violence layer

If you are looking for domestic violence lawyer in Delhi to solve the case regarding domestic violence or dispute then Aman Chawla is the best option for you. He is running the matrimonial lawyer firm in Delhi, with lot of experienced domestic violence lawyer who help in the proceeding of women’s right’s cases.

Conclusion

Domestic violence against women is a serious issue that needs to be addressed at the societal, legal, and policy levels. The Protection of Women from Domestic Violence Act, 2005 is a comprehensive law that provides women with protection against domestic violence. The law provides for civil remedies such as protection orders, monetary relief, and custody orders to meet the diverse needs of women who have experienced domestic violence. Advocate Aman Chawla is the best divorce lawyer in Delhi who help to find out your issue easily.