Domestic violence conviction basis

Only if domestic violence has occured, the petitioner can be awarded maintenance.  If no domestice violence, no maintenance of any type.  As simple as that.

 But here one has to note, as there is section 23 in DV act where judge can pass exparte orders, eventually such orders will be set aside when one approaches the sessions court. 

All in all domestic violence should be proved.  Only then relief can be granted. Or else no relief. 

In Lok Sabha on 26th. Feb. 2013 Question No. 283 was asked and answered as follows;

Will the Minister of HOME AFFAIRS be pleased to state:

(a) the total number of cases registered and persons convicted under the Domestic Violence Act during each of the last three years and the current year, State/UT-wise;

Registration of cases under Domestic Violence Act has increased over the years but the number of people convicted under the law is hopelessly negligible as seen from official Stats.

 
Dec. 2012 official stats. on number of filed cases Stats. on number of conviction

*Conviction numbers is for only IPC cases (S. 498a IPC OR Default in regular maintenance payments due to coming from low strata of society)

BTW, I am not good at conviction rate hence here in LCI consult @ Hema, Law Officer on above official Conviction rate to your full satisfaction J

Now think various heads that you mentioned in your query which made you worried does they fall under your conviction when Minister of HOME AFFAIRS states above figures?

I should have written "Found Guilty" instead of "Convicted" in above query. My apologies.

*As i understand Convinction only happens when one breaches DV protection order.

What are the basis for judges to write in order that the respondent found guilty under PWDVA 2005 ? Any links pointer to it would be great help.

Originally posted by : Never Give Up
	I should have written "Found Guilty" instead of "Convicted" in above query. My apologies.   *As i understand Convinction only happens when one breaches DV protection order.   What are the basis for judges to write in order that the respondent found guilty under PWDVA 2005 ? Any links pointer to it would be great help.

Everything which comes under purview of Domestic Violence act, if one is found guilty according to law. then the judge will write an order based on the findings and may give or may not give relief in accordance with law. That too if it has been proved beyond doubt that an act of domestic violence has taken place.

Why DV Act only? Is there any criminal law under which there is a fair chance that the case will be "proven beyond reasonable doubt" in India?

We warn children that "the police man will arrest you". The general public also think that if a person is arrested he has been punished. We find the same in films too>