Domestic violence is described by Section 3 of the Ac as "any act, omission or commission or administration of the respondent shall constitute domestic violence in case it:
The Act continues on, through section Explanation 1, to define "physical abuse", "sexual exploitation", "verbal and passionate abuse" and "economic abuse".
Application to the magistrate
An application about domestic violence can be performed to the magistrate seeking one or more reliefs specified in sections by:
The Act includes all women who may be mother, sister, wife, widow or partners living in a shared household. The connection may be in the nature of marriage or adoption. In addition relationships with family members living together as a joint family are also involved. However, no female relative of the husband or the male partner can file a complaint against the wife or the lady partner, for e.g. the mother-in-law cannot file a request against a daughter-in-law, but she can file an application against her daughter-in-law for helping her son to commit violence against her.
Section 2(a) of the Domestic Violence Act represents an “aggrieved person” as any woman who is, or has been, in a domestic relationship with the respondent and who claims to have been reduced to an act of domestic violence by the respondent.
The Domestic Violence Act not only includes those women who are or have been in a relationship with the abuser but it also includes those women who have lived together in a shared household and are related by consanguinity, a marriage of through a relationship like marriage or adoption.
Even those women who are sisters, widows, mothers, single women, or living in any other contact with the abuser are entitled to legal security under the Domestic Violence Act.
There are many types of abuse or domestic violence under the Act. The same are enumerated below:
Physical abuse is the use of physical force against a woman in a way that causes her physical injury or hurt. Physical assault, criminal intimidation, and criminal force are also forms of physical abuse like beating, kicking and punching, throwing objects, damaging property, hit walls, kicked doors, abandoning her in a dangerous or unfamiliar place, using a weapon to intimidate or hurt her, forcing her to leave the matrimonial home, hurting her children, using physical force in sexual positions.
This is also a form of bodily abuse. Any situation in which a woman is required to engage in undesired safe or degrading sexual activity, calling her sexual names, hurting a woman with objects and protection during sex is sexual abuse.
Many women face from emotional abuse, which is no less destructive. Unfortunately, emotional abuse is often reduced or overlooked – even by the woman being abused.
Emotional abuse involves verbal abuse such as yelling, name-calling, blaming and shaming. Privacy, intimidation and regulating behavior also fall under emotional abuse.
Economic abuse is not a very accepted form of abuse among women but it is very disturbing. Economic abuse mainly involves a woman not been provided with enough money by her partner to maintain herself and her children, which may include money for food, clothing, medicines, etc. and not leaving a woman to take up an employment. Forcing her out of the house and not permitting a woman to take up employment. Forcing her out of the house where she lives and not giving her rent, in case of a rented share hold also amounts to abuse.
Jurisdiction of the court
The first class magistrate court or metropolitan court shall be the responsible court within the local limits of which
Any order made under this Act shall be enforceable during India While disposing of application the magistrate shall take into thought any domestic incident report obtained from the protection officer or service provider. The relief sought under this section involves the issuance of an order of payment or compensation or damages without detriment to the right of such person to institute suit for damages or damages for injuries caused by the act of domestic disturbance. If the magistrate is satisfied that an application prima facie discloses that the respondent is doing or has committed an act of domestic violence or there is a likelihood of such violence, he may grant chasing ex-parte interim order against the respondent based on the affidavit of the aggrieved person. The magistrate can assign different orders such as Protection order, residence order, monetary relief, custody order or compensatory orders as per the circumstances of the case.
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