How-to Guide on Conditions, Procedure and Laws in India
Domestic violence, as per section 498A, Domestic Violence Act 2005 of the Indian Penal Code is described as:
- Habitual assaults, including making life miserable using cruelty or wrong conduct (physical ill-treatment or not)
- Forced immoral life for distressed person
- Injuries/physical ailments due to domestic violence.
Clause (c) of the sub-section (1) adds to the domestic violence act, providing own protection and self-defence as reasons in which the above will automatically become invalid.
The main purpose is protection of wife or female live-in partner by husband/partner/relatives. We can help you file for a case under this section, with our specialized services helping women in distress.
Guard of Women from Domestic Violence Act, 2005, commonly known as Domestic Violence Law provides diversity of rights to women casualty of Domestic Violence.
Such human rights include claim of pecuniary relief, rights to dwelling, compensation for domestic violence, protection order, and child custody in the middle of other reliefs.
Domestic violence Act has approach into force with object of expeditious removal of the claim of women who are victim of domestic violence. Domestic violence complaint is filed in the Court of Magistrate who is authorized to pass orders. Domestic violence has moved toward in to force with objective of as long as monetary justice and independence to women victim of domestic violence.
Domestic violence law purposely provides the right to habitation. Right to residence includes in shelter in the common house hold irrespective of fact whether wife has right, name or notice over the property/residence. This specific provision is put in in Domestic Violence law to take into custody the threat of abandoning the woman and children, if any, without crown and shelter in case of matrimonial disputes.
Hence, law lean-to a mandate on the husband to provide residence to the wife. Such residence can be mutual house hold where husband and wife lived together and made such house as their matrimonial house. Alternatively, law mandates husband to provide interchange residence comparable to the one previously enjoyed by the wife while living together.
Law relating to Domestic violence has urbanised significantly. Yet, law is still in determining years with different judgments and case laws are evolving. We have domestic violence lawyers. Such domestic violence lawyer keep tab and updated with changing law for the successful prosecution or defenses of the domestic violence complaint. Good domestic violence lawyer ensure maximum benefits to victim of domestic violence. In defenses, good domestic violence lawyer ensure best strategy to counter the claim and get justice in cases of motivated domestic violence complaint.
