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Domestic Violence

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The law protects the most vulnerable people in society.

Domestic violence is the wilful intimidation, physical assault, battery, sexual assault, and other abusive behavior committed by one spouse against another. Domestic Violence may include physical violence, sexual violence, psychological violence, and emotional abuse. Domestic violence is a pandemic accompanied by emotionally abusive and controlling behavior and can result in physical injury, psychological trauma, and in severe cases, even death. If you are experiencing violence or have been threatened with violence by your partner, our expert team of lawyers, at DivorceLawyersIndia.com, will advise you of the legal options available to you.

Injunction proceedings can be issued quickly, depending on the circumstances of your case, to provide you with the protection of the court. There may be difference forms of abuses such as physical abuse, sexual abuse, verbal and emotional abuse, economic abuse and domestic/live-in relationship abuse. It may be that proceedings will be instituted by the police, including harassment proceedings, which will save you a great deal of time and cost. In cases where the victim of abuse is financially dependent on the abusing party, we can advise you of the law and your rights. Even in this era, domestic violence is faced by most women. They are mistreated and constantly harassed either for dowry or by their family; such instances are very rarely reported even when they are denied basic fundamental rights given by our constitution. We handle these cases with utmost care and caution in the client’s best interest as our main priority by applying our top lawyers to ensure that women got the Right to Reside in their homes with dignity.

Domestic violence (DV), defined by the Protection of Women from Domestic Violence Act 2005 as physical, sexual, verbal, emotional, and economic abuse against women by a partner or family member residing in a joint family, plagues the lives of many women in India. 

Domestic Violence against Women

Women lack courage when not just the spouse’s but even one’s family try honor killing on the girl forcing her against her will to abide by family when it comes to marriage. It is extremely disheartening to know that even a small advice is seldom offered to them at this time of need as well. Such cases of domestic violence, harassment and cruelty are liable to prosecution under IPC 498a using which our lawyers argue on your behalf. Protection and surveillance are advised to sustain your rights in that home.

Domestic Violence Against Men

Although domestic violence against women is a serious problem, domestic violence against men is also increasing steadily in India. It may sound unbelievable, the battering of men by their spouse and family members have become a serious issue that needs to be addressed. Every case is different, but a victim cannot be expected to stay in a violent environment due to financial constraints. As experienced lawyers, we can advise you of the best course of action to take. The devastating physical, emotional, and psychological consequences of domestic violence can cross generations and last a lifetime. The law protects the most vulnerable people in society, and we will act in those circumstances to either protect you or to advise you if an allegation of domestic abuse is made against you.

FAQ on Domestic Violence

Can one seek divorce if they are subject to domestic violence?

Yes. Cruelty is one of the grounds to file for divorce and that could include domestic violence as well.

Is domestic violence done only by a husband?

No. Domestic violence need not be restricted to a husband-wife relationship but is also applicable to partners in a live-in relationship as well. It could be done by a father or any relative too and is not restricted to marital relations.

Is Domestic violence illegal under law?

Yes. Under the Prevention of Women from Domestic Violence Act, 2005 domestic violence is illegal and provides protection to women by allowing for restraining orders against offenders and also providing financial help.

Is verbal abuse considered to be domestic violence?

Yes. The PWDV Act, 2005 includes verbal abuse as a type of domestic violence and is not restricted to physical abuse or beating.

What could be considered as domestic violence?

Domestic violence is defined by Section 3 of the Protection of Women from Domestic Violence Act 2005 as, ”any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it:

  • harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or
  • harasses, harms, injures or endangers the aggrieved person to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or
    has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause (a) or clause (b); or
  • otherwise injures or causes harm, whether physical or mental, to the aggrieved person.
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