Domestic violence means causing hurt or harm or danger to life, limb, health, safety or well-being, whether psychological or physical, emotional or economic and threat of causing harm, injury, or danger to any person in whom the victim is interested. Domestic abuse is a felony, and it is addressed in the Protection of Women from Domestic Abuse Act of 2005. The Indian Penal Code also makes the accused responsible (hereinafter IPC). Domestic violence covers a variety of different sorts of behaviour, not only physical assault. There are many types of domestic violence. These are:
- Physical abuse: It refers to the act causing bodily pain, harm, or danger to life, limb or health or impair the health or development of the aggrieved person. It includes assault, criminal intimidation or criminal force.
- Sexual abuse: It refers to the act of a sexual nature that humiliates, abuses or degrades or violates the dignity of women.
- Emotional abuse: It includes any type of insult or ridicule. For example, insults with respect to not having male children, comparing the wife with other women etc.
- Economic abuse: It includes the deprivation of financial resources which a person needs for survival, disposing of assets of victims, restriction on financial resources. It includes not giving money to the wife for buying necessary items.
This Act is highly progressive as it not only includes the wife but also the women who are living in domestic relationship and it also includes other women in the household including mother or sister. Thus, the Act includes the relations of consanguinity, marriage, or through relationships in the nature of marriage, adoption, or joint family. Thus, 'domestic relationships' are not restricted to the marital context alone. But, there is one drawback of this Act as it does not include the situation of domestic violence committed by the wife against husband. It can be mental violence where wife mentally tortures the husband. In today’s era the act of violence against husbands has been increasing and there is no codified law to protect them. The Supreme Court in many cases has interpreted The Act in favor of the husband.
Case Laws:
Jammu and Kashmir Court had recently taken cognizance of the
complaint filed by the husband against the wife under the Domestic Violence
Act. The court held that the husband can also file a complaint under section 12
of Domestic Violence against the wife.
Supreme Court in Hiral P. Harsora vs Kusum Narottamdas
Harsora, (2016)10 SCC 165 struck the portion of section 2(a) from the Domestic
Violence Act as having violative of Article 14 of the Constitution and the
phrase "adult male" as appearing in Section 2(q) stood deleted. After the deletion it would appear that any
person, whether male or female, aggrieved and alleging violation of the
provisions of the Act could invoke the provisions under the Act. The petitioner's
complaint could not have been rejected on the ground that the Act does not have
provision for men and it could only be in respect of women.
Procedure:
- Under section 12 of the Act the husband can file an application to the magistrate for taking appropriate steps in domestic violence cases. Even a protection officer can also file an application on behalf of the husband to the magistrate. For filing the application, an aggrieved person will require the assistance of a lawyer.
- According to Section 27, an application may be made in court by a party who has been wronged and who either permanently or temporarily resides, conducts business, is engaged, or is employed where the opposing party dwells, conducts business, is employed, or where the cause of action has arisen. For example, if the cause of action is committed in Mumbai then a complaint can be filed in Mumbai for which appointment of Domestic Violence Lawyers In Mumbai should be done. Likewise, if an aggrieved person resides in Gurgaon and the complaint has been filed in Gurgaon then a family lawyer in gurgaon should be appointed and if the opposite party carries on business in Mumbai and a complaint has been filed in Mumbai then a family lawyer in Mumbai should be appointed.
- Section 13 of the Act states that within 3 days of receipt of application, the magistrate will fix the first date of hearing. From the first date hearing, the application should be disposed off within 60 days.
- Moreover, other than filing applications under the Act, husbands can also file for divorce under Hindu Marriage Act.
So, the Supreme Court has interpreted the provision of the
Act in such a way that it enhanced the scope of the Act.
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