Domestic Violence?

Question

In a complaint relating to domestic violence, the magistrate has awarded monetary compensation of Rs1.50 Lakhs to a live in partner for domestic violence committed by a man. The Protection of Women from Domestic Violence Act, 2005, is Act to provide for more effective protection of the rights of women guaranteed under the Constitution who are victims of violence of any kind occurring within the family and for matters connected therewith or incidental thereto. "Domestic relationship" means 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 "domestic relationship" means 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, in India a live in partner included in such a case ?

In India the concept of live in partner has no legal sanction nor recognized by the society at large. The person is neither considered legally married nor related by relationship of consanguinity. The person does not enjoy any matrimonial rights as provided in any of the matrimonial enactments nor such person entitled maintenance as a wife under the provision of section 125 of the Criminal Procedure Code, 1973. Consider all these facts in replying this question.

. Talk to me of Indian law & its correct interpretation not what is provided in wikipedia & other dictionaries. This issue relates to India culture & society what happens in western world I’m not bothered. If any such relationship is given such an importance what’s the use of matrimonial laws? Throw them in Indian Ocean & give legal sanction to live in partners & become a nation of illegitimate children’s.

No doubt I well versed with law but this doesn’t mean I should not take the onion of people in general after all enactments are made keeping the sentiments & opinion of people in general not for any particular person or persons. what I know about the DV act as one may call it in short is for domestic violence concerning people who are related to each other by some relation of family not every outsider who is not related by blood or by any legal relationship but just a friend or known to person.

Answer 1

it's really ridiculous when "live-in-relationships" are granted immunity under the domestic violence act,this indirectly gives a legitimate status to the relationship in that case where does the institution of marriage stands, let the judiciary give more importance to marriages than to live in relationships which are illegal,please don't encourage the concept of liveinrelationships in India where the sacrament of marriage is still considered holy & respected ,please strenghten the support to marriages by proper counselling & guidance to the youndsters so that they view marriage as the only way they can have a relationsip by & not the so called"live in relationship" which is wrong, the current judgement will leave a bad precedent

Answer 2

yes i agree with u,if such few more cases comes up.people will start thinking that live in realtion ship is legalised and this will encourage more couples to stay with such a realtion ship.and as far as i see there is some body or the other going to be exploited in such a relation ship,only married couple can have the disputes setteled legally,how do the police station settel any matter realted to live in realtion ship.and what if the women in a live in relation ship is missusing the law to gain some profit.we need to develope a seperate code of law for this type of relationship.but still iam against any kind of voilance against women.

Answer 3

Dear friend Why are you asking question? You are well versed in law and you have given a detailed answer to a question relating to Registered marriage where as I answered in short to make the person understand in short. How ever Domestic violence Act is made applicable in India.You know better.

Answer 4

Women, children and other dependent members including old parents and in-laws become soft targets in domestic violence...
However, in certain cases women grossly misuse the provisions of excessive protection under the constitution...
The constitution needs to be amended suitably for extending protection to the weaker and helpless members of families, rather than based on gender bias...

Answer 5

Violence in any form is unwelcome in a civilized society.

It all depends on the seriousness of law enforcing authorities which includes the lawyers community with a crucial role next only to politicians especially in a democratic and corrupt country like ours.

We appreciate your concern but God only save the nation.

Answer 6

Domestic violence (sometimes referred to as domestic abuse) occurs when a family member, partner or ex-partner attempts to physically or psychologically dominate or harm the other. The term "intimate partner violence" (IPV) is often used synonymously, other terms have included spouse beating or battering, "relationship violence", "domestic abuse", "spousal abuse", and "family violence" with some legal jurisdictions having specific definitions.

Domestic violence has many forms, including physical violence, sexual abuse, emotional abuse, intimidation, economic deprivation or threats of violence. There are a number of dimensions:

* mode - physical, psychological, sexual and/or social
* frequency - on/off, occasional, chronic
* severity – in terms of both psychological or physical harm and the need for treatment – transitory or permanent injury – mild, moderate, severe up to homicide.

Domestic violence occurs in all cultures; people of all races, ethnicities, religions, and classes can be perpetrators of domestic violence. Domestic violence is perpetrated by, and on, both men and women, and occurs in same-sex and opposite-sex relationships.

Answer 7

hmmm...Domestic Violence (DV), Live-Ins....In India!!

As Indians we usually talk high of our Sunskruthis, Parumparas & Rithee Rivaz (culture, traditions and rituals) and our age old Civilisation and claim to still adhere to it. And a lot of our sweet idiotic illitrate Ministers who form the Govt. of our Country (the world's largest Democracy) use these to entice voters and assure their vote bank.

With Gender Biased Marital Laws filled with a lot of loopeholes encouraging its misuse these Ministers (who created and enforced the same) have managed to destroy the sacred institution of marriage. Marriage happens to be the foundation of a family which in turn is the foundation of the society.

Now with the DV by including the Live-ins they have legalised Live-ins!!

What is Live-ins, a basic relationship with no commitment but to just satisfy carnal cravings - like animals do!! - Basically encouraging the age old Indian Civilisation to return to the Stone age!! - Thanks to our Ministers who consider themselves to be Modern but instead confused by the basics of Mordernisation / Westernisation. While the western countries are looking towards India and changing, India is going haywire.

Again claiming Alimony & Maintenance thru Divorce and DV be it marriage or live-in - are we not talking of women from good families behaving like a Prostitute charging their Client for b i t c h i n g. And we talk of Gender Equality and Women Empowerment!! - another eg. of Confusion!!

Which means our Govt is encouraging Prostitution!! - yet another state of Confusion.

I would say if Alimony & Maintenance is allowed then Dowery too should be allowed!! The Woman walks in with nothing and takes away a lot - is it Justice??

The Woman claims something with no evidence or proofs and its taken as Bible by the Law'n Order machinery and the Judicial System and the Man and his folks are arrested, cornered even if they are innocent and the Legal system hardly cares to hear the Innocent just because they are from the Man's side and just because the Law'n Order machinery & the Judicial'n Legal System is manned by a bunch of spineless eunechs - Is it Justice??

We talk of Gender Equality and this new Domestic Violence Law that as usual like most other laws got a 101 loopeholes encouraging its misuse. Most of all the Govt, Legal, Judicial & Law'n Order Machinery has proved that Indian Women are not Humans because only Humans get Angry, Violent and Harass. And because the Govt considers Indian Women to not be Humans only they got the right to file it against a man and not letting the Man file it even if the woman is abusive and violent (Gaurav Nigam of Wipro's Case is one of the eg) - Is this Justice??

Again reading the above you get a fell that Women get Justice!! Even that doesn't happen its only a Wife who is considered as a Woman by India's Govt, Law'n Order, Legal'n Judicary and Mothers, Sisters, Sister-in-Laws, Co-Sisters, cousins and Friends who are alse by Gender Women do not get justice - for if a Wife sues and mentions these women even if they are innocent weather they are adults, bedridden, minors or mentally challenged, they are still convicted!! - Is this justice??

Even in under-developed countries where Domestic Violence is enforced it states it could be used by either parties ie. both man and woman, because they consider Women too to be humans - why not in India?

Again after years these victims to the law manage to prove their innocence and the judicary accepts and recognises the same they do not convict the party misusing the law automatically.

Yes these laws need to be in place for the protection of Women for there are many Men' their folks who are demens - but misuse of the law needs to be stopped els we are not talking of Justice.

All these still prevail though the basic basic law of Justice from pre-historic dates states "even if there is a doubt of one innocent being punished wrongly then the justice should not take its course" - In India they do it.

In India a man and his folks got a worser state than the stray dogs for even these dogs got a Gaurdian behind them even if they go around b i t c h i n g or biting!

All the obove prove that our Country India - the World's Largest Democracy doesn't treat its citizens equally by differentiating between even Genders and again even in Genders by the title!! What is the meaning of Democracy??

Answer 8

i've answerd the question under lindon j

Answer 9

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