The DV Act or Domestic Violence Act includes all women who may be mother, sister, wife, widow or partners living in a shared household. The relationship may be in nature of marriage or adoption. In addition relationships with family members living together as a joint family are also included. However, no female relative of the husband or the male partner can file a complaint against the wife or the female partner, for e.g. the mother-in-law cannot file an application against a daughter-in-law, but she can file an application against her daughter-in-law for abetting her son to commit violence against her.
If you have faced any of the following get immediate legal help:
- Physical/Sexual abuse
- Verbal and/or emotional abuse
- Economic abuse
- Family and Matrimonial lawyers on Domestic Violence Case
Domestic Violence consists of the following:
Causing hurt, injury or danger to life, limb, health, safety or well-being, whether mental or physical.
Causing harm, injury, or danger to the woman with an intention to coerce her or any other person related to her to meet any demand for dowry.
“Physical abuse" includes hurt of any kind. Assault, criminal intimidation and criminal force.
Cyber Espionage is the act or practice which is an illegal exploiting method used via internet to obtain secrets from individuals, competitors, rivals, groups, government and enemies for military, political or economic advantage.
“Sexual abuse" such as conduct of a sexual nature such as forced sexual intercourse, forcing the aggrieved person to watch pornography or other obscene material. Forcibly using woman to entertain others, any other act of sexual nature, abusing, humiliating, degrading or otherwise violate of one’s dignity.
“Verbal and emotional abuse" such as Accusation/aspersion on character or conduct. Insult for not brining dowry, Insult for not having a male child. etc. Forcing to not attend school, college or any other educational institution preventing one from taking up a job repeated threats to cause pain to any person in whom the woman is interested. Preventing from marrying a person of your choice.
"Economic abuse" such as not providing money for maintaining woman or her children Not providing food, clothes, medicine. etc, Forcing woman out of the house. Preventing from accessing or using any part of the house, preventing or obstructing one from carrying on employment Non-payment of rent in case of a rented accommodation, selling or pawing stridhan or any other valuables without informing and without consent. Forcibly taking away salary, income or wages etc. Non-payment of other bills such as electricity, etc.
Who can file a complaint and against whom under the DV Act
Complainant could be anyone from:
- Woman who subjected to suffered by any act of domestic violence by the offender or any person may file a complaint on her behalf.
- Child is also included for relief under the DV Act. The mother of child suffered as per DV act can make an application on behalf of her minor child (whether male or female). If mother makes an application to the court for herself, the children can also be added as co-applicants
An offender is someone who is:
- Adult male partner having domestic relationship with the woman.
- Any relatives (includes both male & female) of the husband or the male partner.
Where to file complaint under DV ACT or Domestic Violence Act?
Information/complaint can be filed with:
- Police Officer
- Protection Office
- Service provider (an NGO) or Magistrate.
Role of Domestic Incident Report (DIR)?
Based on complaint of domestic violence, the Protection Officer or the Service Provider need to prepare a DIR in Form 1 (as per DV Act) and submit the same to Magistrate & copies to the officer in charge of the concerned police station.
The Protection Officer or the Service Provider can assist the woman in fling the applications for reliefs and a copy of the DIR is to be annexed with such an application.