domestic voilence case is possible after 30 years of married life
mahak (student) 07 July 2011
domestic voilence case is possible after 30 years of married life
Adv. Vaishali Karloopia (lawyer) 07 July 2011
I think YES because violence means "peacelessness". It can occured one day after mariage and even after 30 years of marriage.
Saurabh..V (Law Consultant) 07 July 2011
As the Title of this act depicts, Domestic Violence Act, there is no bad of time. Violence can happen any time against any age human. So there could never be any bar of any sort in making such complaint
ADV Rajesh KASRIJA (ADVOCATE) 07 July 2011
Amit Parmar (Junior Lawyer) 07 July 2011
Sorry with the answer of the above Ld. friends. Mahek you should go through this Judgement as i have atteched to the file section also it will clear your doubt i think so .............
Suchitra. S (Advocate) 08 July 2011
Amit ir, in the judgment you have quoted, it is held that there was no domestic violence as the couple lived seperately for 15years. The case was not maintainable as the party could not prove domestic violence. That does not mean there is limitation for filing DV case.
email@example.com (def) 08 July 2011
Means woman can file case after 30 years of relationship, but its unlikely to stand if she fails to produce any proof of violence.
Meanwhile issue of retrospective nature of DV act is still pending b4 apex court as SLP!
Amit Parmar (Junior Lawyer) 08 July 2011
I was not indtending to misguide or agrue with you Ld. seniors but actually
i am not challenging the limitation of filing the domestic violence, but i mean to show the burdun of proof is on the applicant as in one more judgement of hon'ble Madhya pradesh HC is has been held that in domestic violence an order can't be passed merely on any application and only giveing an opportunity of hearing to the other party ( Respondent ),
As i have submitted the said judgement in one of my matter in the trial court so i can't upload it hear so in the recent time there are number of judgement regarding the proving and disproveing the domestic violence so after 30 i don't think that court will be waiting to entertain the application of Mahek Without any prima facie proof ............
Suchitra. S (Advocate) 09 July 2011
Amit ji, age is not at all a criteria for sharing knowlege. There is lot to learn in thdi field.
Yes, you are right in saying the burden of proof lies with the complainant. And it is so in every case that comes to court. As regards DV cases, I have seen cases where couple who are senior citizens filing DV and which are maintainable too.
bln11111111 (vvvvvvvvv) 09 July 2011
My dad has deserted my mom for last 23 years and is not caring about her health and income..apart from that he married another lady without taking divorce from my mom...he has all his property in the name of my stepmom and her kids . please tell us whether we can file a partition suit as well as DV
Adv. Chandrasekhar (Advocate) 09 July 2011
My answer to your querry is very emphatic "YES"
As a large number of people have been contacting me on the issue of domestic violence, since my appearance on this forum and for the benefit of the readers, I will give a detailed reply, so that the people facing similar problems can get reply in somewhat satisfactory way.
Now, very interesting question riases, that if she has been deserted 23 years back, as there does not appear any domestic violence from the husband against the wife, then, how can a DV case stand in the court of law? The answer lies in Section 3 of the D.V. Act, which defines of domestic violence. I quote Section 3, for ready reference:
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.
Now, going through the definition, it appears that domestic violence is not a single time incident. The nature of domestic violence may be continuous in nature. At particular point of time, it may start, but continue for the years together. A wife, who has been facing such a continuous domestic violence (some times active violence and some times passive violence), waiting for several years, can approach the court for seeking the relief, as she cannot cope up with the violence any more. The remedies in domestic violence Act aree civil in nature. A thorough study of DV Act gives an understanding that had there been no DV Act enacted by Parliament, even then the wife could have claimed all the reliefs sought by her by invoking the provisions of other laws. But, after enacting the DV Act, it has become easier and quicker remedy for the aggrieved person to get remedy. If a wife is deprived of s*xual pleasure by husband for the reason that the husband has started to have a regular extra marital affair (may be second marriage or not), it is a continuous 's*xual abuse" perpetrated against the wife by the husband from the date he started to have extra-marital relationship. Similarly, if the husband stopped to pay any amount for the maintenance of the wife and the child in the custody of the wife, for a pretty long time, it is a continuous "economic abuse". In such circumstances, she is entitled to invoke domestic violence Act for getting the relief provided therewith, after a long gap, say after so many years. Depriving your mother of her right in residential property, gives right to her to acquire it as "shared household" via DV Act . She can seek it through DV Act. If all the other requirements will meet, she can also seek the share in the property for her sake and the child through partition suit (For arriving to any definite conclusion on this particular point, more particulars are required).
bln11111111 (vvvvvvvvv) 10 July 2011
To add up ...he abuses my mom a lot and even before deserting her he used to beat her up in front of my step mom, and all the neighbours including his 2 sisters are aware of this..And are willing to be witnesses if any case arises.