JAMIA MILLIA ISLAMIA
Faculty of law
Project
PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE
LAW RELATING TO WOMEN AND CHILD
Submitted to: Dr. Subhradipta Sarkar
Submitted by: (AAMIR RAZA KHAN (Roll No – 02) and ANSHUMAN
SRIVASTAVA (Roll No – 15)
[Link] (Hons) (Regular) 7th Semester
Batch: 2017- 2022
1
ACKNOWLEDGEMENT
Firstly, I would like to express my profound gratitude towards the Almighty for providing me
with authentic circumstances for the completion of my project.
Secondly, I would like to express my sincere thanks and deep regards to my teacher Dr.
Subhradipta Sarkar sir Faculty of Law, Jamia Millia Islamia, for his exemplary guidance and
constant encouragement throughout the course of the assignment based on “Protection of
Women from Domestic Violence”.
My cardinal thanks to my parents and friends for being my constant source of affection,
inspiration and motivation.
Aamir Raza Khan & Anshuman Srivastava
[Link] (HONS.)
7th Semester (Regular)
2
INDEX
1. Acknowledgement…………………………………………………………. P. No – 2
2. Introduction…………………………………………………………………P. No – 4
3. What is domestic violence..............................................................................P. No – 5
4. Domestic Violence a criminal offence……………………………………....P. No – 5-6
5. Forms of domestic violence …………………….…………………………...P. No – 6-7
6. Different types of domestic violence ……………………….……………….P. No –7-9
7. Effects on victim and family …….………………………………………….P. No – 9-11
8. Domestic violence cases in India on the rise during lockdown………….…..P. No –11-13
9. Can divorced wife claim right to residence under domestic violence act?.....P. No – 13-17
10. Conclusion……………………………………………………………………P. No – 18
11. Bibliography…………………………………………………………………P. No -- 19
3
PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE
INTRODUCTION
India is a country of vast culture and tradition. Most of the Indians, as to follow their tradition do
arranged marriage which leads to the less understanding of behaviour and character between the
husband and wives, which mostly results in domestic violence. Also, India from its past is a
male chauvinistic country where most husbands to show their superiority beat up their wives, if
they had difference in opinion in any family economic issues, which also leads to domestic
violence. Domestic violence was recognised as a criminal offence in India on 1983. The offence
is chargeable under 498A of the Indian Penal Code. However, until recently, there was no
separate civil law addressing the specific complexities associated with domestic violence,
including the embedded nature of violence within familial networks, the need for protection and
maintenance of abused women, and the fact that punishment and imprisonment for the husband
may not be the best resolution in every case.
Violence can be defined as exerting unwarranted pressure which can vary from physical to
mental upon someone. Domestic violence as per the WHO is otherwise called personal brutality
or family savagery, it is an example of fierce practices in which the barbaric men indulge
themselves into to control their wives. It is an evil aspect of a relationship, and a horror which
most undergo in silence. I want you to close your eyes and imagine being clogged, slapped,
chastened or beat beyond recognition. Do you feel the intense amount of pain? Can you feel the
physical and mental pain trauma associated with it? Well none of us can even thought of the
misery a woman has to suffer. And the irony of the whole picture is that the person who should
be our defender and protector, the binding hands is the culprit of this dreadful nightmare. The
violent and extremely belligerent behaviour displayed in your own home. The very place that
should be your heaven is turned into hell.
4
WHAT IS DOMESTIC VIOLENCE1?
The term used to describe this exploding problem of violence within our homes is Domestic
Violence. This violence is towards someone who we are in a relationship with, be it a wife,
husband, son, daughter, mother, father, grandparent or any other family member. It can be a
male’s or a female’s atrocities towards another male or a female. Anyone can be a victim and a
victimizer. This violence has a tendency to explode in various forms such as physical, sexual or
[Link] violence, also known as domestic abuse, spousal abuse, family violence, or
intimate partner violence can be broadly defined as a pattern of abusive behaviours by one or
both partners in an intimate relationship such as marriage, dating, family, friends or cohabitation.
Domestic violence has many forms including physical aggression, or threats thereof; sexual
abuse; emotional abuse; controlling or domineering; intimidation; stalking; passive/covert abuse;
and economic deprivation. Alcohol consumption and mental illness can be co-morbid with abuse
and present additional challenges when present alongside patterns ofabuse. Domestic violence in
India includes any form of violence suffered by a person from a biological relative, but typically
is the violence suffered by a woman by male members of her family or relatives. It occurs when
afamily member, partner or ex-partner attempts to physically or psychologically
dominateanother. Domestic violence often refers to violence between spouses, or spousal
abuse but can also include cohabitants and non-married intimate partners. Domestic
violenceoccurs in all cultures; people of all races, ethnicities, religions, sexes and classes can
be perpetrators of domestic violence. Domestic violence is perpetrated by both men
[Link] Domestic Violence Act of 2005 of India legally defines domestic violence and
the prosecution guidelines of those cases that are reported to the police.
DOMESTIC VIOLENCE – A CRIMINAL OFFENCE2
1
33 Pradeep Panda & Beena Aggarwal Marital Violence, Human Development and Women’s Property Status in
India,WorldDevelopment823-850(Elesvier2005)
[Link]
2
Harini Sundersan & Nirupama Ramakrishnan, The Domestic Violence Act: Constitutional Perspective, Legal
Service India, [Link]
5
In 1983, domestic violence was recognized as a specific criminal offence by the introduction of
section 498-A into the Indian Penal Code. This section deals with cruelty by a husband or his
family towards a married woman. The main legislative measures at the national level for the
children who become a victim of child labour include The Child Labour Prohibition and
Regulation Act -1986 and The Factories Act -1948. The first act was categorical in prohibiting
the employment of children below fourteen years of age, and identified 57 processes and 13
occupations which were considered dangerous to the health and lives of children. The factories
act again prohibits the employment of children less than fourteen years of age.
An act called Protection of Women from Domestic Violence Act, 2005 [DVA, 2005] also has
been passed. This Act ensures the reporting of cases of domestic violence against women to a
‘Protection Officer’ who then prepares a Domestic Incident Report to the Magistrate “and
forward copies thereof to the police officer in charge of the police station within the local limits
of jurisdiction.
FORMS OF DOMESTIC VIOLENCE3
All the possible forms that will constitute the offence for a better understanding:
a. PHYSICAL ABUSE
Physical abuse is the most pervasive and ancient method of subordinating of women in a family,
it is the most common control mechanism applied against a woman within the domestic
[Link] defining Domestic Violence under the Protection of Women from Domestic
Violence Act, 2005, in section 3 of the act Physical Abuse is explained as any act or conduct
which is of such nature as to cause bodily pain, harm or danger to life, limb, or health or impair
the health or development of the aggrieved person and include assault criminal intimidation and
criminal force.
b. PSYCHOLOGICAL/ EMOTIONAL VIOLENCE
3
Soumil Singh, Protection of Women Against Domestic Violence,2005, Legal Service India,
[Link]
[Link].
6
Causing of abuse to a woman in the domestic sphere is multidimensional. Under the Protection
of Women from Domestic Violence Act, 2005 emotional or psychological abuse which has been
categorized as verbal, is explained as to include – insults, ridicule, humiliation, name calling and
insults especially with regard to not having a child or a male child and repeated there as to cause
physical pain to any person in whom the aggrieved person is interested.
c. SEXUAL ABUSE
This form of abuse is specific to the interpersonal relation between a man and a woman most
often in a marital relationship. Of the many duties that a wife has towards her husband,
performance of sexual duties is one of them. A wife is never expected to neglect her duties
failure to carry out sexual duties or unfaith fullness appears to have been widely accepted and
understandable explanation for men’s violence. In present times men use sexual violence to
assert and maintain their superior masculinity. This form of abuse is more common in
households where men are literate and affluent. In a survey it was found that 79% of men used
sexual violence to control their wives’ fidelity and 57% of them had more than 6 years of formal
education.
d. INTELLECTUAL ABUSE
Of all the abuses in Domestic Violence previously discussed, intellectual abuse has been missing
from all the definitions of Domestic Violence. This is perhaps because in India a marital
relationship or any other man-woman relationship is about the acceptance of inequality, where
men dominate and injure and women get dominated and endure. The entire socialization process
has an inherent isolation for both men and women, which inhibits effective communication
between the two. Even where domestic harmony exists, there is a sense of isolation in thought
whereby both men and women experience alienation from each other and at a certain level they
come out to be strangers. Different educational levels add to the isolation as the mental levels are
different and both find difficulties in relating to each other at the intellect level. In most of
instances it is seen that Indian marriages are clouded with words such as adjustments and
compromises.
7
DIFFERENT TYPES OF DOMESTIC VIOLENCE4
a. AGAINST WOMEN –
Domestic violence against in the women is most prevalent and common in India of all.
Idiotic and male chauvinistic mindset of the society that the women are the weak among the
sex is the main reason for this. Even women, who equally proved themselves in almost every
field of life affirming that they are no less than the men, domestic violence against women is
more in all places. According to the UN population fund report, two of three women are the
victims of the domestic violence. It also stated that seventy percent of Indian women between
the ages of 15 to 45 are the rape and forced sex. Bihar, Uttar Pradesh, Madhya Pradesh and
some others states, where the domestic violence cases are more filed than the other states.
The most common reason for domestic violence are dissatisfaction with dowry and
exploiting the women for more of it, arguing with the spouse, refusing to have sex and other
reason. In some cases, infertility of the women will be main reason for it. In rural areas, the
greed for the dowry, desire for a male child and alcohol & drugs. There have been horrible
police reports that a young bride being burnt alive after subjected to continuous harassment
for not bringing the demanded amount of dowry and jewels. Also, because of male
chauvinistic culture, wives who have a doubtful suspicion about the sexual involvement of
their husband with other women or prostitutes have filed cases that they brutally abused and
beaten by their [Link] other factors lead to emotional differences between the
spouses and lead to the shape of domestic violence later. Such factors are more income of
wife than husband, wife job duration and etc. Violence against the young widows is also
being increased in India. They are mostly cursed by her in-laws for her husband’s death and
deprived of poor clothing and food. Other forms of physical abuse against women include
slapping, punching, grabbing, burdening them with drudgery, public humiliation and the
neglect of their health problems. Some of the other forms of psychological torment against
them could be curtailment of their rights to self-expression and curbing the freedom to
associate with the natal family and friends.
b. AGAINST MEN –
4
Id at 3.
8
Though domestic violence of men is less than the domestic violence of women in India, it
already a full form in other western countries by now. The supremacy of male nowadays
makes us believe that they are not suspected to the domestic violence. Recently, hundreds of
husbands gathered in Chandigarh and Shimla to express their opinion on men’s right and
protection against domestic violence by their wives and family members. It initiates the need
for special law for curbing domestic violence by their wives and other family members. For a
clear reference, the survey on the domestic violence against the men by their wives has been
clearly explained below by the survey of spousal violence by the women given by the
National Family Health Survey for the time period of one year from 2004-2005.
c. AGAINST CHILDREN –
Children and teenagers are also the victims of domestic violence. Domestic violence against
children took the second place in terms of number of cases filed. Nowadays, both the parents
to take care of their family economic condition goes to work, which leads to different form of
domestic violence against their children, because of their work stress. Also, nowadays
children and parents don’t share their problems due to the lack of communication, which to
the misbehavior of the children and leads to arguments between the parents and finally
beating of children. This leads to domestic violence. Parents to reduce their stress and anger
on their higher officers and company bosses, shows their anger on their children even for
small mistakes they did which leads to the domestic violence.
In rural areas the reasons could be harassment for child labour, physical abuse or harm for
not following family traditions, forcing them to stay at home and not allowing them to go to
school etc. Domestic violence against girls is in fact, more severe at homes. As the common
mob mentality of India prefers to have at least one male child after marriage, the girls in most
of the occasions are cursed and assaulted for having taken birth in the home. This kind abuse
is prevalent both in cities and villages but is more common in latter. In fact, the number of
rape cases of pre-matured girls has been rising since last few years. A survey of teens and
college students found that rape accounted for 67 percent of sexual assaults in girls. Apart
from sexual abuse and rape, pushing, slapping, punching, stalking and emotional abuse are
other forms of domestic violence against children.
9
EFFECTS ON VICTIM AND FAMILY5
The effects on the victim and the family is also broadly divided into many types based on
whether the victim is a male or female or children.
a. AGAINST WOMEN –
Since women are mostly mentally weak than men in India, the deadly consequence will
be suicide and such consequence is increasing nowadays. Because of their problems in
the house, many Indian women lose their concentration on work which leads to drop out
from work place. Some women leave their home immediately after atrocious attacks and
beatings from their husband and try to become self-defendant. Their survival becomes
difficult and painful when they have to work hard for earning two meals a day. Some of
the women who left their home are forcefully and willingly for their living involved in
pornography and women trafficking. The major consequence of domestic violence
against the women is that the child, who notices what is done openly in front of his eyes
may have a tendency to reciprocate the same in their lives.
Because of the domestic violence against the women leads them to maintain a distance
from their partner. Their sexual life is affected adversely and also leads to a divorce and
seek separation which again affect the life of the children. In India, there are certain
organisations and Non-Governmental Organisations such as Women Welfare Association
of India (WWAI), Affus Woman Welfare Association (AWWA) and Woman’s
Emancipation and Development Trust (WEDT) to rescue the women who are being
cruelly tortured by the their in-laws and her husband.
b. AGAINST MEN–
The consequences may be psychological because in many families men are not physically
harassed but mentally by his wife and in-laws for many reasons like not earning money
for a comfort living, for not giving a quality education to his child and other reasons. An
emotionally harassed and depressed man may lose interest in the occupation he is
associated with. There has been a spate of farmers’ suicide in recent years in Karnataka.
Several farmers have committed suicide not only because of indebtedness but also
5
Dhawesh Pahuja, Domestic Violence, Legal India,
[Link]
10
because of discord in family and depression resulting out of it. According to statistics of
Save India Family Foundation (an NGO), around 1.2 lac harassed husbands have
committed suicide in the country in the last four years (2011-2015).
c. AGAINST CHILDRENS –
The consequences in case of domestic violence against teens are far more drastic and its
effect is long lived. Children are sensitive to issues related to violence of any kind as they
are not mature enough to comprehend them. In their upcoming years, they used to do
what they learned from their parents. Now if the approach of parents itself is negative,
children are bound to get influenced by it. They may adopt the negative traits of the ill
they see around them or develop a hostile approach in life because of the ill-treatment
they are subjected to. If a child is beaten badly for underperforming in school, he may do
the same to his children, thinking it might be the only possible way of making a person to
work hard. This may lead to bad future of our country. The children who escape being a
part of this vicious circle are looked after by children welfare organizations like, Indian
Child Welfare Association (ICWA), Child Relief and You (CRY) and ChildLine etc.
DOMESTIC VIOLENCE CASES IN INDIA ON THE RISE DURING
LOCKDOWN 6
Recent data released by the National Legal Services Authority (NALSA) suggest that the
nationwide lockdown has led to a rapid increase in cases of domestic violence. The data,
which is categorized according to cases in different states suggest that Uttarakhand
recorded the highest number of domestic violence cases in the last two months of
lockdown. Haryana ranks on number two and the national capital Delhi on number three.
The report by NALSA documents cases from the start of the lockdown till May 15 and
was collected through 28 State Legal Services (SLAs). Some shocking numbers were
revealed in the report which mentioned that a total of 144 cases of domestic violence
6
Bobins Abraham, Domestic Violence has Increased since Lockdown, cases are just the tip of the iceberg, India
Times (July 31, 2020, 11.58 am) [Link]
[Link].
11
were reported in Uttarakhand. From Haryana, the number of cases were 79 and a total of
69 cases surfaced from Delhi.
Women in Telangana had to face a spike in domestic violence too. As per cases registered
through Sakhi One Stop Centers (centers that provide integrated support and assistance
under one roof to women affected by violence, both in private and public spaces in a
phased manner) in April, 89% of the total number of cases registered were of domestic
violence.
As per Prof U Vindhya, Sakhi OSC Project Leader and Deputy Director, Tata Institute of
Social Sciences (TISS), Hyderabad campus, these numbers would help in supporting the
current worldwide research about the increased risk of violence within the home because
of the lockdown.
The situation of increase in cases of domestic violence is not restricted to only India. The
lockdown has brought the world to a standstill. The lives of women across the globe, who
are in an abusive relationship have also come to a halt. The same violence is repeated and
perpetrated frequently, and on a regular basis during the lockdown. Various domestic
violence helplines and organizations all over the world are working constantly to deal
with this global [Link] COVID-19 lockdown has brought simmering tensions to the
fore with many couples struggling to find a common ground and retain their sanity. From
division of household chores, a partner binge eating or drinking or spending too much
time on social media, all of these situations are giving rise to increased animosity among
couples.
Since, this menace is an indoor crime, it is seldom reported. These activities should be monitored
especially when the perpetrator is potentially residing with the alleged within the same enclosed
space. This pandemic has underlined various lacunae in the Anti- Domestic Violence Law. It’s
important that law makers try to inculcate feminist values to stop the vicious cycle of abuse
during the ongoing pandemic. As we find a way to smooth the pandemic bend, we should be
similarly careful to ensure that shadow pandemic bend of close psychological warfare doesn't
rise exponentially. This doesn't involve setting one bend in opposition to another. As a few of us
contended in an ongoing approach brief, we are in this circumstance for the long haul.
12
Women lives can't be at stake till we develop out of the pandemic. Government has to
acknowledge the facts and figures and should do their duty to protect women. Most importantly,
at this juncture of time, counselling is the key or need of the hour. Shelter homes and help lines
should be developed for extensive and exclusive prevention. Police should be considered as the
last option, especially in the situation where the government is trying to decongest the over-
crowded prisons. Till then it’s sad to say but For India's battered women, it is a prison sentence
that only got longer.
Domestic violence cases in India have almost doubled what it was before the lockdown. The
cases are the highest in the states of Uttar Pradesh, Bihar and Haryana. The spurge in the cases of
domestic violence may be attributed to the reason that now men are confined at home, refusing
to participate in the domestic work, they end up venting out their frustration on women.
According to a report between 23 March and 16 April NCW registered 587 domestic violence
complaints, a ~45% increase from the previous 25 days. Its high time to appreciate the fact that
women are also a human being with equal right and protection guaranteed to each and every by
our constitution. The silence which they keep to bind the relationship should not be tormented
and taken for granted to torture and creating a havoc in their life amidst this epidemic.
CAN DIVORCED WIFE CLAIM RIGHT TO RESIDENCE UNDER
DOMESTIC VIOLENCE ACT?7
The Supreme Court in a recent judgment [SatishChander Ahuja vs. Sneha Ahuja] 8 held that a
woman can claim right to residence in the houses owned by relatives as well. This means that,
she can seek residence order with respect to property which belongs to in-laws, if she and her
husband lived there with some permanency after [Link] per the definition clause in the DV
Act, "aggrieved person" means any woman who is, or has been, in a domestic relationship with
7
Ashok Kini, Can Divorced Wife Claim Right To Residence Under Domestic Violence Act?, live law ( Oct 2, 2020,
17;20 PM), [Link]
violence-act-164632
8
Satish Chandra Ahuja v. Sneha Ahuja,
13
the respondent and who alleges to have been subjected to any act of domestic violence by the
respondent.
Further, "domestic relationship" is defined to mean a 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;
Section 199 confers a woman the right to reside in a shared household. "Notwithstanding
anything contained in any other law for the time being in force, every woman in a domestic
relationship shall have the right to reside in the shared household, whether or not she has any
right, title or beneficial interest in the same."
Section 1210 enables an aggrieved person to present an application to the Magistrate seeking one
or more reliefs under this [Link] 19 empowers the Magistrate may, on being satisfied that
domestic violence has taken place, pass a residence order.
Residence orders can be any of the following kind:-
a) Restraining the respondent from dispossessing or in any other manner disturbing the
possession of the aggrieved person from the shared household, whether or not the respondent has
a legal or equitable interest in the shared household;
(b) Directing the respondent to remove himself from the shared household;
(c) Restraining the respondent or any of his relatives from entering any portion of the shared
household in which the aggrieved person resides;
(d) Restraining the respondent from alienating or disposing off the shared household or
encumbering the same;
(e) Restraining the respondent from renouncing his rights in the shared household except with
the leave of the Magistrate; or
9
Domestic Violence Act 2005, S19, No. 43, Acts of Parliament, 2005 (India).
10
Domestic Violence Act 2005, S12, No. 43, Acts of Parliament, 2005 (India).
14
(f) Directing the respondent to secure same level of alternate accommodation for the aggrieved
person as enjoyed by her in the shared household or to pay rent for the same, if the circumstances
Subsequent Divorce Will Not Deny Benefit To Which Aggrieved Person Is Entitled: SC
In Juveria Abdul Majid Patni Vs. Atif Iqbal Mansoori11, the Supreme Court was examining
the correctness of an order of Sessions Court which dismissed an application filed under the
Domestic Violence Act as not maintainable. Examining the provisions of the Act, the court held
that an act of domestic violence once committed, subsequent decree of divorce will not absolve
the liability of the respondent from the offence committed or to deny the benefit to which the
aggrieved person is entitled under the Domestic Violence Act, 2005 including monetary relief
under Section 20, Child Custody under Section 21, Compensation under Section 22 and interim
or ex parte order under Section 23 of the Domestic Violence Act, 2005.
In the above judgment, the Court had also noticed its earlier decision in Inderjit Singh Grewal
vs. State of Punjab and another12, (2011) 12 SCC 588. In that case, the Supreme Court had
held that 'Application to Magistrate" under the Domestic Violence Act challenging a 'sham'
divorce was not maintainable. The court had quashed the complaint filed by the wife.
In Juveria, the court said that the law laid down in Inderjit is not applicable for the purpose of
determination of the issues involved in it.
Rajasthan HC
In Sabana @ Chand Bai&[Link] Ali [2013], the Rajasthan High Court considered
this issue. The Division Bench held that it "is not necessary that the applicant-woman should
have a marriage or relationship in the nature of marriage existing and subsisting with the
respondent as on the date of coming into force of the Act or at the time of filing of the
application under Section 12 of the Act before the Magistrate for one or more reliefs as provided
for under the Act. In other words, the aggrieved person, who had been in domestic relationship
with the respondent at any point of time even prior to coming into force of the Act and was
subjected to domestic violence, is entitled to invoke the remedial measures provided for under
11
Juveria Abdul Majid Patni Vs. Atif Iqbal Mansoori, 2014(10) SCC 736.
12
Inderjit Singh Grewal vs. State of Punjab and another, (2011) 12 SCC 588.
15
the Act." The Special Leave Petition filed against this judgment was dismissed in limine by the
Supreme Court in 2018.
Telangana HC
A division bench of Telangana High Court, in Mohd. KaleemvsWaseem Begum, held that it is
not necessary that the woman should have a marriage subsisting and existing with the respondent
at the time of filing of an application under Section 12 of the Act. Mere grant of a divorce would
not absolve the petitioners from the criminal misdeeds allegedly committed by them during the
existence of a domestic relationship between the parties. The bench held that the domestic
relationship between the aggrieved person and respondent did not cease upon her obtaining a
divorce and the DVC is maintainable in relation to the past acts of domestic violence allegedly
committed by the respondent.
Kerala HC
Justice K. Harilal of Kerala High Court, in SulaimanKunjuVs. NabeesaBeevi13, has held that a
divorced wife is not entitled to get any of the reliefs under Section 19 [Residence Orders]. The
judge noticed that the second limb of the definition of 'domestic relationship' specifically
signifies that the first limb attracts 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. It was held that a divorced wife does not satisfy the second limb of the definition of the
domestic relationship.
Many HCs Followed SC's Juveria Judgment To Hold That A Complaint After Divorce Is
Maintainable
The Andhra High Court in ChallaSivakumavs..Challa Anita, referring to Juveria judgment, held
that the plea of non- existence of domestic relationship at present cannot be taken as an exception
to entertain the quash petition. The Gauhati HC, in Rahul Biswas vsKhusbu Das [2019] ,
observed that one can invoke the provisions of the D.V. Act despite Civil Court decree of
divorce, if such incident of domestic violence, subsists prior to the filing of the petition. The
13
SulaimanKunju Vs. NabeesaBeevi ,(2015) 3 KLT 65.
16
Chattisgarh High Court, in Ajay Kumar Reddy &Orsvs State Of Chhattisgarh [2017] held that, in
case of divorcee wife, the complaint by the divorcee wife under the provisions of the Act, shall
be maintainable so far it relates to divorced husband for lawful responsibilities arising out of the
marriage that existed between them at one point of time. The Madras High Court,
in VaralakshmivsSelvam [2019] held that once the marriage is admitted and the decree of
divorce is admitted, even the divorced wife is also entitled to file a petition under Domestic
Violence.
CONCLUSION
Having looked at a sensitive topic of “Domestic Violence in India”, we can sense the importance
of discussion of such a topic. The varying causes which can spark the violence within the four
walls of homes need to be analysed carefully and a wise study of the factors causing the violence
may prevent a family to suffer from the menace of domestic violence. The domestic violence
17
may have a far wider and deeper impact in real life than what has been covered in this essay.
What is required is to see closely the association of the factors provoking a particular form of
domestic violence and to control it. If these factors can be controlled then more than one form of
violence can be prevented from harming an individual or our society and India would be a much
better place to live in.
BIBLIOGRAPHY
18
1. Yogana, monthly magazine, article about domestic violence act, 2005.
2. Panda, P. and Agarwal, B. 2005. Marital Violence, Human Development and Women’s
Property Status in India. World Development.
3. Martin L. S. 1999, Domestic Violence in Northern India. Page No: 417-426
4. Article by Ankur Kumar on domestic violence in India, Posted on February 7, 2010
in Editor's Picks, Society
5. National family health survey on domestic violence during 2004-2005.
19
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