save Family System (fdf) 06 May 2015

Differentiate and define dv

DV= Domestic Violence

So Here I want to find differences between two cases and whether they both fall under Domestic Violence or not.

Case-1: Husband finds hair in dinner and gets angry and slaps/beats wife. Wife in turn also starts fighting and slaps/beats husband. [Hair Mixing is not Wilful conduct, anger is not justified, morally husband is at wrong end]

Case-2: Wife has ceratin bad habbits for example insult mother in law constantly and deliberately. And due to that arguments , heated arguments happen. Again mutual fight happens. Husband complains about it to Wife's parents, and as a result wife gets more angry and start doing more wrong things like stop making food etc. Again for let say heated arguments errupts and wife slaps husband , husband slaps wife. [Insulting mother in law by wife is Wilful conduct and is frequenty visible, stop making food is willful conduct, anger is justified, morally wife is at wrong end].

So Here my question is - How above two cases are treated under DV, how DV reacts for both above cases. Whether Justice is based on Gender or based on Moral ?

Regards,

RKG

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5 Replies

MOHANASUNDARAM (ADVOCATE) 06 May 2015

2. Definitions.—In this Act, unless the context otherwise requires,— (a) “aggrieved person” means any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent;

save Family System (fdf) 06 May 2015

Hi Mohan,

Thanks for your quick reply.

But it seems you just wrote the clause written in Law. But that does not explain two cases with respect to clause in Law.

Can you please explain it in simple sentences.

In simple terms- Whoever is wrong end husband or wife should be candidtate for punishment. Or its all gender biased ? Only husband gets punishment ? Or Law will simply ignore it seeing its just simple family matter and dont come under DV ?

As simply slapping etc cannot be said as falling under Legal boundries ? or if it does who is being prosecuted ?

Regards,

RKG

Measuring Law on scales of Moral

SAINATH DEVALLA (LEGAL CONSULTANT) 07 May 2015

What is UR profession dear author, Ur post clearly indicates academic interest.

save Family System (fdf) 08 May 2015

Hi Sainath,

I agree , the way I presented it shows it as for academic case analysis.

But actaully its for personal advice. what do you think for two cases? What will be Judiciary judgement?

My profession is - Software Architect.

SAINATH DEVALLA (LEGAL CONSULTANT) 08 May 2015

UR problem as per my view does not attract legal solution.It is merely a matter of egiostic approach by both the husband and the wife.Can be sorted out individually.Uneccessarily thinking of proceeding legally by either person will further ruin the lives.What both of U need is proper mediation and counselling.