Domestic violence

Querist : Anonymous (Querist) 13 February 2011 This query is : Resolved
What is the penalty when the children of an alcoholic, who have been subject to his physical/verbal abuse over years, sue him?
What kind of evidence need the children need to prove their case?

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Devajyoti Barman (Expert) 13 February 2011
There is no provision for imposing penalty under DV Act for such offence.

Arvind Singh Chauhan (Expert) 13 February 2011
If the child is of below than 18 years and court has issued protection order under sec 18. Such person may be punished for breach of protection order under Sec 31 up to imprisonment one year.

Amit Minocha (Expert) 13 February 2011
The Act is Protection of Women from domestic violence Act 2005, i.e. it is an 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.

So the incidence therein is not covered according to me

Arvind Singh Chauhan (Expert) 14 February 2011
I think, Beating to child is cruelty or violence on mother also.

Querist : Anonymous (Querist) 14 February 2011
Does that mean that person can get away with what he is doing without any penalty? Why is it in India this offence not considered an actual offence or at least not given enough importance considering the fact that these kind of offences have ruined many people's lives?

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