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Discussion > Family Law > Maintenance > The Protection Of Women From Domestic Violence Act 2005   Unanswered Threads Post New Topic

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There are 54 Replies to this message


raj kumar makkad


Advocate
[ Scorecard : 104067]
PRO CHAT CALL
Posted On 06 November 2010 at 22:15 Report Abuse

The Act has been enacted for the protection of women from domestic violence and further for protection of women from being victims of domestic violence and to prevent the occurrence of domestic violence in the society. The Act has come into effect from 17.10.2006.

Taking into consideration existing criminal and civil laws and the statute prevailing in India, it was proposed to enact a law keeping in view the rights guaranteed under Articles 14, 15 and 21 of Constitution of India to provide a remedy for protection of women from being victims of domestic violence and to prevent the occurrence of domestic violence in the society.

Women who are married and staying with husband and his parents, sisters, brothers and are living together, sharing the household can seek remedy under the Act in the event of domestic violence. Further, even the adopted daughter, or sister or even mother can seek remedy under the act against the person who abused them.

The Act defines the expression "Domestic Violence" to include actual physical abuse, s*xual, verbal emotional threat or economic harassment by way of unlawful dowry demands to the women of her relatives would also be covered under the definition.

The Act also provides for the protection of women and her rights guaranteed under the contract of marriage or under the relevant statute depending upon each case.

To know more about the Act, readers are advised to read the Act before they seek protection, as the subject matter produced is not exhaustive.



adv. rajeev ( rajoo )


practicing advocate
[ Scorecard : 32565]
PRO CHAT CALL
Posted On 07 November 2010 at 06:49

DV act has become weapon to the women to harrash her husband and his family members for the silly reasons and like a 498A it is also legal terriorism.  Am I right sir?



Total thanks : 2 times

Aravinthan S/o Ganesan


Lawyer/Solicitor
[ Scorecard : 21514]
PRO CHAT CALL
Posted On 07 November 2010 at 07:53

Most of the matrimonial proceedings nowadays comes with a DV Complaint 

No only for silly reasons, the woman tries to harass their in-laws when the in-laws restrict her.



Total thanks : 2 times

Member (Account Deleted)


None
[ Scorecard : 5012]
PRO CHAT CALL
Posted On 07 November 2010 at 09:29



Total thanks : 3 times

hedevil hydraheaded


non professional
[ Scorecard : 474]
PRO CHAT CALL
Posted On 07 November 2010 at 09:30

I wonder how the above two advocates would deal with a woman client/s  who has suffered domestic violence and unwarranted and perhaps humiliating restrictions( you have referred to restrictions--I do not understand what you mean by it) by the in laws. The fact is that Indian( male)  psyche is not ready to digest the reality of domestic violence. A woman who is filing for divorce or responding to divorce filed by her husband, may have faced domestic violence. Those who are filing false cases are doing a very wrong thing and great disservice to the genuine cases. However,   advocates when they  presume certain things and hold strong opinions how would they  handle even genuine cases of domestic violence, I wonder!


Avnish Kaur


Consultant
[ Scorecard : 3066]
PRO CHAT CALL
Posted On 07 November 2010 at 09:50

upto 90% CASES are fake or exaggerated . even lawyers dont know if their clent is telling truth or not to them. such fake people usually cheat their lawyers too.



Total thanks : 1 times

hedevil hydraheaded


non professional
[ Scorecard : 474]
PRO CHAT CALL
Posted On 07 November 2010 at 09:52

By above two advocates I mean the postings of mr. Rajoo and Mr. Arvinthan.

Mr. Kushan we seem to have posted our messages almost simultaneously.  


hedevil hydraheaded


non professional
[ Scorecard : 474]
PRO CHAT CALL
Posted On 07 November 2010 at 09:59

Domestic violence is a hard reality, it won't disappear just by wishing it away and saying all cases are false.  

How would one know who is the cheater?  As though all male have genuine suffering and all females are cheaters! Just because conviction rate is low does not mean domestic violence does not exist. Certain abuses are very hard to prove, such as severe emotional abuses. Sophisticated abuser would perhaps not hurt a woman physically but break her spirits emotionally and psychologically. 



Total thanks : 1 times

ajay jain


advocate
[ Scorecard : 32]
PRO CHAT CALL
Posted On 08 November 2010 at 10:21

india has been slow in matter of domestic violence though 60% of woman fplk is victim of domestic violence in one or other form. the act should be given more teeths



Total thanks : 1 times

hedevil hydraheaded


non professional
[ Scorecard : 474]
PRO CHAT CALL
Posted On 08 November 2010 at 12:39

You have made a good point , Sir...





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