Know All About Domestic Violence Act

Domestic violence is one of the most common yet rarely reported offenses. Domestic Violence Act 2005 recognised domestic abuse as a punishable offense. This act aims to provide immediate relief and legal assistance to the victims of domestic violence.

Need for Legislation for Domestic Violence

Before 2005, cases of domestic violence were dealt in divorce law or criminal courts only. There was no provision of imitate relief present in the law. As a result, the domestic violence victim was left on the mercy of the abuser.

Moreover, there were some relationships which were falling beyond the scope of the Marriage Act like live-in relationships. The ordeal of such women was again not covered in the marriage act. As a result, most women were forced to suffer in silence.

Therefore, it was essential to protect the rights of women who were facing some type of domestic violence at home. So, the Honorable Court and the Govt of India took note of the situation and introduced the Domestic Violence Act in 2005. The aim of this act was to provide security, legal assistance to the victim.

Primary Beneficiaries of the Act

Women and children are the primary beneficiaries of this act. Section 2(a) of Domestic Violence Act 2005 gives the right to file a complaint against the respondent who is or has been in a domestic relationship with the victim or women.

Who is Considered as Respondent by this Law?

The adult male member who is in a domestic relationship with the victim is referred as respondent in Section 2 (q) of the act. It doesn't mean that the male member should be husband only, instead, he can be father in law, father, sibling, son or any other relative of the victim also.

What falls under Domestic Violence?

As per section 3 of Domestic Violence Act any conduct/omission/commission/act that injures or harms or has the potential to injure falls under scope of domestic violence.

Therefore, all types of abuse or threats that can harm women physically, sexually, emotionally, verbally, psychologically, and economically by the person with whom she shares a domestic relationship is considered domestic violence.

How Domestic Violence Act 2005 impacted the life of victims?

No more silent suffering:This law is all about making sure those brave enough to fight back don't get bullied into silence. So, if your husband's on some power trip and tries to cut you off from your rightful resources or kick you out while the case is ongoing, guess what? He's breaking the law. No more jewelry-snatching or house-throwing, buddy.

Your home is your castle, even during a storm: Forget those outdated ideas about a wife needing her husband's permission to roof over her head. This law says loud and clear: even if things are rocky, you have the legal right to stay under the same roof as your partner. So next time he tries to pull that eviction threat, remind him he's just digging himself a legal hole.

Got kicked out? No worries, the law's got your back: If your partner's violence leaves you homeless, don't fret. This law guarantees you alternative accommodation, and guess who foots the bill? Yep, your abusive partner. Because let's face it, you shouldn't have to suffer financially on top of everything else.

How Family Kanoon Helps you in Domestic Violence cases?

We are a team of best advocates in Gurgaon, experienced in handling domestic violence cases. Our Domestic Violence lawyers in Gurgaon are compassionate and understanding towards the sensitive nature of these cases and will provide you with the utmost support and guidance throughout the legal process.

Trapped in an abusive relationship? Feeling physically or emotionally unsafe? Reach out to our team we can help you escape and secure your legal rights.