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Domestic violence is defined under the Protecting Women from Domestic Violence Act of 2005. Before the Domestic Abuse Act, Section 498-A of the Indian Penal Code governed domestic abuse in India. It states that It is a law designed to safeguard women from harsh spouses and their family members. Section 498A of the IPC makes it a crime if the husband's family members or the husband himself harass the lady for dowry. Harassment can be mental or physical. Even though marital rape is not a crime in our nation, forced sex might be considered harsh. Section 498A of the Indian Penal Code provides for comprehensive legal action against domestic violence. 498A distinguishes itself from domestic violence by including all harmful activity against women that forces the woman to commit suicide, endanger her life, create serious injuries, or endanger her limbs and overall health. Health refers to women's emotional, mental, and physical well-being. Section 498A has two problems.
The first is that no provision in this section provides the victim with redress or compensation. Second, Section 498-A only applies on married women. To address these issues, the Centre adopted the “Domestic Violence Act of 2005.”
Domestic violence against women in India.
Section 3 DV Act talks about various types of domestic violence. It has specified four specific types. These are:
(i) “physical abuse” means any act or conduct which is of such a 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 includes assault, criminal intimidation and criminal force;
(ii) “Sexual abuse” includes any conduct of a sexual nature that abuses, humiliates, degrades or otherwise violates the dignity of woman;
(iii) “Verbal and emotional abuse” includes—
(a) insults, ridicule, humiliation, name calling and insults or ridicule specially with regard to not having a child or a male child; and
(b) repeated threats to cause physical pain to any person in whom the aggrieved person is interested
(iv) “Economic abuse” includes—
(a) deprivation of all or any economic or financial resources to which the aggrieved person is entitled under any law or custom whether payable under an order of a court or otherwise or which the aggrieved person requires out of necessity including, but not limited to, house hold necessities for the aggrieved person and her children, if any, stridhan, property, jointly or separately owned by the aggrieved person, payment of rental related to the shared house hold and maintenance;
(b) disposal of household effects, any alienation of assets whether movable or immovable, valuables, shares, securities, bonds and the like or other property in which the aggrieved person has an interest or is entitled to use by virtue of the domestic relationship or which may be reasonably required by the aggrieved person or her children or her stridhan or any other property jointly or separately held by the aggrieved person; and
(c) Prohibition or restriction to continued access to resources or facilities which the aggrieved person is entitled to use or enjoy by virtue of the domestic relationship including access to the shared household.”
Women have the right to file for divorce if any of the aforementioned conditions occur. The worried party should call a divorce lawyer or a domestic violence lawyer, who will handle all of the appropriate paperwork and offer professional advice on how to conduct your divorce.
Domestic Violence Lawyers in Delhi
Sharks of Law makes it easier to find top Domestic Violence lawyers in New Delhi. On Sharks of Law, you may interact with New Delhi's top advocates in significant legal venues like as the New Delhi High Court, Supreme Court, Debt Recovery Tribunals, National Green Tribunal lawyers, APTEL, and others. To acquire prompt and precise legal advice, consult an expert Domestic Violence lawyer in New Delhi. It is important to hire an experienced and reputed lawyer. Before hiring a domestic violence lawyer in Delhi, you should take reviews of the lawyer. You can take the reviews from friends, family, and the internet. A well-experienced and reputed lawyer has the credibility which will ultimately increase your chances of winning the case.
Now Consult with top Domestic Violence Lawyers in New Delhi before filing a case. Sharks of Law lawyers take the strategy of first identifying your specific legal requirement. We strongly advise you to contact a lawyer about your problem before hiring one. In this manner, you will be able to make more informed legal decisions. This will save you both money and time.
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