Define domestic violence

Designation

for a lady to file domestic violence case on her husband and in-laws, should the violence be continous or few incidents which happen with a time gap ?

 
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Advocate

3. Definition of domestic violence.�For the purposes of this Act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it� (a) harms or injures or endangers the health, safety, life, limb or well‑being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, s*xual abuse, verbal and emotional abuse and economic abuse; or (b) harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or (c) has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause (a) or clause (b); or (d) otherwise injures or causes harm, whether physical or mental, to the aggrieved person. Explanation I.�For the purposes of this section,� (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) �s*xual abuse� includes any conduct of a s*xual 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, household 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 household 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. Explanation II.�For the purpose of determining whether any act, omission, commission or conduct of the respondent constitutes �domestic violence� under this section, the overall facts and circumstances of the case shall be taken into consideration.
 
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Scientist/Engineer

DV can be continuous or intermittent.


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Designation

if wife is being subjected to DV will she say "i love you" , can she ask her husband to gift her a diamond pendant, go out for movies every weekend with her hubby, ask hubby to gift her clothes ? will the hubby buy property in joint ownership ?

 
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Scientist/Engineer

Yes, she can.

 
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Scientist/Engineer

Yes she can. If the case goes to court and she is cross-examined by defence lawyer, she has to give satisfactory reply. Her lawyer can advise her what to reply.

 
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Designation

i think the police has to investigate right ? even before the matter goes to court ?

 
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Scientist/Engineer

Even before the case goes to court the accused can be arrested and detained until and unless he gets bail. Court proceedings are in due course.

 
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Designation

Originally posted by : Dr. MPS RAMANI Ph.D.[Tech]
Court proceedings are in due course.

i did not understand can you elobarate 

 
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Scientist/Engineer

The immediate effect of a DV complaint is arrest and detention. As to finding out who was right and who was wrong  by the court  can take months or years. You have to suffer until then

 
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