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Domestic Violence Act Myth Buster

domestic violence on men

What is Domestic Violence as per Domestic Violence Act (PWDVA, 2005)?
As per law; any act, be it omission or commission or conduct against woman by any other male or female relative living in domestic relation, which harms, injures, harasses, threatens or endangers the aggrieved person is Domestic Violence as per the PWDVA, 2005. Domestic Violence can be Physical or Verbal and Emotional or Sexual or Economic. Being a gender-biased law, women use it against Husband/ Male partner and his relatives (both male and female relatives).

Which authorities can accept complaints under this Act?
A victim or any person having her safety in mind can approach, ‘Protection Officer’, ‘Service Provider’, ‘Local SHO’ or directly to ‘Magistrate’ under this Act. In all cases when complaint is made to any authority except Magistrate, they have to help the victim lodge a complaint in proper format to Magistrate. Generally, a complaint is made to a Magistrate at local Mahila Court under section 12.

Who is an ‘aggrieved person’ under this Act?
Any woman in a ‘domestic relationship’ who is alleges to have been subjected to Domestic Violence by her partner/ relative/ husband can be aggrieved person under this act.

What is “Domestic Relationship”?
The law explains “domestic relationship” as relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are family members living together as a joint family.

Explanation:
Relations through Consanguinity (Blood Relations) can be:
– Mother-Son
– Father-Daughter
– Sister-Brother
– Widows/ Spinsters living with extended family.

Relations through Marriage can be:
– Wife-Husband
– Daughter-in-law with father-in-law/ mother-in-law
– Sister-in-law with any other member of the family
– Widows living in matrimonial home

Relations through Adoption can be same as that of Blood Relations except Mother-Son relation.

Relations in the nature of marriage:
– Females in Live-in Relationships (with certain limitations)
– Females in Invalid-Irregular Marriages
To understand this concept of whether a particular Live-in Relationship or irregular marriage falls in the definition of Domestic Violence Act, please follow this link

What is “Shared Household”?
– A shared household is where the aggrieved person lives or lived with the alleged offender, it can be house owned/ taken on rent/ where offender lives including a joint family house
– A rider is added by courts that in case the feud is between wife and husband only the house where the husband has a “stake” in above conditions will be treated as shared household.
This concept of Shared Household is marred by many controversies. For clarity of this concept, I suggest you follow this link for differentials in Matrimonial Home, Shared Household and Domestic Relationship.

What is the “Jurisdiction” of the case?
The jurisdiction of this case is considerably enlarged to include following:
– Where the aggrieved woman is residing temporarily or permanently. But this does not mean transient residence.
– Where the aggrieved woman is employed.
– Where the domestic violence was committed.
– Where the husband/ male partner/ offender/ respondent is residing.

Who is a “Respondent”?
A respondent is any person in a domestic relationship against whom the “aggrieved person” has sought a relief.

Who is a Protection Officer and what are his/ her duties?
A protection officer is a person appointed by the State Government, whose primary duty is to help the magistrate with the various duties of under the Protection of Domestic Violence Act. It also helps victims lodge complaints in proper format, which is known as “Domestic Incident Report” or “DIR”. Besides the same, the Protection Officer maintains a list of Shelter Homes, liaisons with the local Police Station for compliance of any orders/ protection of any or all victims, getting proper medical attention to the victims. The protection officer is only answerable to the Magistrate or the state government.

Can any action be taken against Protection Officer for filing “false” Domestic Incident Report?
The word false can be defined in two ways. One from the viewpoint of the complainant and the other from the viewpoint of the respondent.
In first instance, if the complainant has stated some facts and the same are missing from the DIR, the complainant can approach the Magistrate with the complaint.
However, if the respondent feels that the protection officer has not investigated the facts, the protection officer was not obliged to. The protection officer just has to fill the form as per the statement of the complainant.

What is a “Domestic Incidence Report”?
Whenever a complainant visits a Protection Officer or a Service provider, the Protection Officer prepares a report on a predefined format. This format is defined in the Act itself. This report is called Domestic Incident Report or DIR.

What is the definition of Physical Abuse?
Any act or conduct that harms or creates danger for life, limb, health of the complainant.
What is the definition of Emotional Abuse?
Insults, torture, taunting, threats etc which creates/ plays havoc with the emotional state of the complainant would be emotional abuse.

What is Economic Abuse?
Economic abuse can be taking control of money earned by a woman, not giving enough money to run household expenses or even preventing the woman from earning a living. It also includes prohibition or restriction to use/access resources and facilities which the aggrieved person is entitled to use/access by virtue of being in the domestic relationship with the respondent.

What is Sexual Abuse?
Forced Sex, humiliating sex, showing pornography against wishes of the victim, getting into unnatural sex is Sexual Abuse. Even a denial of sex to get a victim to do something is also under the definition of Sexual Abuse.

What reliefs can be sought by the victims under PWDVA, 2005.
Following reliefs which are in terms of monetary, protection, residential, child custody can be sought by victim or be granted to the victim and against the respondents.

– Protection Order: The magistrate can order the respondents to not repeat any act of violence of any sort. Remove himself from the shared household. Not visit the residence/ work place of the victim. Not to communicate with victim by any means.
– Monetary Orders: The magistrate can order the respondents to provide with maintenance/ medical expenses/ educational expenses/ rentals/ compensation for lost property, damages, mental and physical harassment, loss of earnings, any stridhan or money that the respondents have usurped from the victim.
– Residence Orders: The magistrate can order the respondents to provide the victim either their self acquired property or provide rental for equivalent property for the purpose of residence only. Such orders does not create any other rights in the favour of victim.
– Child Custody Order: The magistrate can grant temporary custody of the child/ ren to the victim under this Act.

What is the punishment for not following court orders under this Act?
Most of the orders which relates to money or money equivalents can be executed by the victim as envisaged in Criminal Procedure Code. The respondents against whom the orders have been passed, if fails to comply with such monetary orders, can have part of his wages or salary credited to the aggrieved person, have his properties attached failing which he can be imprisoned as well.
However, in case of breach of any protection order, the respondent can face a criminal trial under this act, the punishment under which is upto 2 years of imprisonment and fine.

Can wife file “498a and DV” or “DV or CrPC 125” on the same set of allegations?
Yes, she can. There is no way to stop the same. The reliefs in all these cases are different and thus each case has to be fought on its merits.

If maintenance is ordered in any other section and DV, which order shall I follow?
Despite numerous judgments that multiple maintenance are not allowed or maintenance awarded in one section shall be offset by maintenance awarded in any other section. Unless this is mentioned in any of the orders, maintenance ordered in each case has to be followed. While fighting the case or at the stage of arguments, one should point out that an order for maintenance has been ordered in any other section to get the same offset.

Is there any limitation in filing Domestic Violence Case?
Though there are no limitation defined in Domestic Violence Act. Though there are few judgments where few courts have accepted limitation based on Inderjit Singh Grewal judgment. However other courts have ignored the same. Also, various factors like when last contact was held. Whether any allegations of 406 are there have been many grounds of limitation.

One important aspect which could be of use is Article 137 of the schedule of the Limitation Act says when no period of limitation is prescribed in the act, it should be three years from the date when the right accrues. Though this has not been tested anywhere to my knowledge.

Can Mother-in-law file Domestic Violence case against Daughter-in-law?
Yes, now that Supreme Court has deleted the words “Adult Male” from S. 2(q) of the Act. A mother-in-law can file a case against Daughter-in-law under the Act.

 

If you want to know the latest judgment favoring men in Domestic Violence Cases, I would suggest you go through this page

 

If you have any query related to gender biased laws join SahodarWhatsapp Groups by sending Whatsapp message “Subscribe” to Sahodar Trust No. 9811850498

11 Comments

  1. Vishal Saurav September 27, 2017 Reply

    “Even a denial of sex to get victim to do something is also sexual abuse”.
    How it can be sir??
    Is there any such judgement to this effect from any HC or SC? If yes, pls quote it.

  2. TAMOGHNA DAS September 13, 2017 Reply

    IN MY CASE I HAVE NO CHILD BUT WIFE DEMANDED CHILD CUSTODY. COOKED UP A STORY OF CHILD SNATCHING.

    • Shonee Kapoor September 14, 2017 Reply

      Happens. Let her prove the existance of child first.

  3. VINODH KUMAR May 20, 2017 Reply

    High Court of Karnataka ordered that even husband can file DV against wife and her relatives.
    http://www.livelaw.in/husband-can-initiate-proceedings-dv-act-wife-relatives-karnataka-hc-read-order/

  4. S May 1, 2017 Reply

    Dear Mr. Kapoor

    So for a false DV case , that was filed and judgement passed for hefty maintenance without sending any notice to the respondent (who is not an Indian citizen or resident) to appear in court would mean prison for the respondent if he visits India? I understand this judgement is not maintenable outside India. But Why will this respondent pay anything or go to prison if he visits India? No notice was served to him by the court at his residence abroad, and no opportunity was given by the court for him to defend himself.

  5. Shivinder pal March 23, 2017 Reply

    It is gender biased law as applicant can be only women although violence can be created by women and always men
    So it should be made gender neutral

    • Shonee Kapoor May 18, 2017 Reply

      Yes, it should be. Join us on Dharnas and weekly meetings when we raise demand for gender neutral laws. You can also join our WhatsApp group by sending a ‘subscribe’ message to 9811850498

  6. Anjan March 21, 2017 Reply

    I think imprisonment for breach of protection order is upto 1 year only u/s 31.

    • Site Admin April 3, 2017 Reply

      Dear Anjan,

      U/S 31 of DV act, punishment is explained as “which may extend to one year, or with fine which may extend to twenty thousand rupees, or with both.”

  7. Raj March 21, 2017 Reply

    Good article. Bases on language of section 21 of dv act is an application on behalf of respondent maimtainable for visitation. Please clarify with citation if any as in many cases it is struck down as not maintainable

    • Site Admin April 3, 2017 Reply

      Dear Raj,

      Basis section 21 of DV act, it is maintainable. However, there are contradictory judgments also there.

      I can also provide in-depth case-law research/Landmark Judgments relevant to your case, on a reasonable charge, feel free to let me know if you need my assistance.

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