Seeking Legal Protection Against Domestic Violence?

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Domestic violence affects many, with physical, sexual, emotional, and economic abuse being common. If you're facing abuse, it's essential to understand your legal rights. Our team offers expert legal guidance to help you seek protection and justice.

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Maintenance Provisions in Indian Law

Domestic violence includes any act of physical, sexual, or psychological abuse, or the threat of such abuse, inflicted against a woman by a person intimately connected to her through marriage, family relation, or acquaintanceship. Domestic violence and dowry death are quiet pervasive in our country and has its root in the socio-cultural setup of the society. We know about people in our family or relations who have confronted domestic violence at some or the other point or they may have been the ones on the giving end. How frequently have we overlooked and done almost nothing as we have no clues about what needs to be done??

There are many laws and legal action for domestic violence in India that directly deals with safety of the women and their protection, some well-known laws are:-

Protection of women against Domestic Violence Act, 2005

The parliament of India enacted this Act to protect women from domestic violence. For the first time in Indian law, the Act defines "domestic violence", with the definition being broad and including not only physical violence, but also other forms of violence such as emotional, verbal, sexual and psychological abuse and economical abuse.

Primarily meant to provide protection to the wife or female live-in partner from domestic violence at the hands of the husband or male live-in partner or his relatives, the law also extends its protection to women living in a household such as sisters, widows or mothers.

Salient features of the Act:

As per HMA, either the husband or wife can claim maintenance pendent-lite that means during the pendency of matrimonial proceedings, it includes divorce and judicial separation. The court may award a reasonable amount towards the necessary expenses of the proceedings and interim maintenance, considering the income of both spouses. On presentation of application of either spouse, the court may grant permanent alimony and maintenance post-decree of divorce or judicial separation, either as a lump sum or in periodic payments.

  • Ensures Right to Residence under sec 17.
  • Ensures economic relief by recognising economic violence.
  • Recognises verbal and emotional violence.
  • Provides temporary custody of child.
  • Judgements within 60 days of filing of the case.
  • Multiple Judgements in a single case.
  • Cases can be filed under PWDV Act even if other cases are pending between parties.
  • Both petitioner and respondent can prefer Appeal.

Options of Aggrieved Person

Pursuant to Chapter III of the Act, the aggrieved person has the right to:

  • Apply for:
    • Protection order
    • Order for monetary relief
    • Custody order
    • Residence order
    • Compensation order
  • Free legal services under Legal Services Authorities Act.
  • The aggrieved person also has the right to reside in the shared home regardless of whether or not she has any title or ownership over the home.

File a complaint under: Section 498A of the Indian Penal Code and Section 85 & 86 of the new Bhartiya Nyaya Samhita, 2023 (BNS).

Provisions of IPC or new BNS, 2023 provide and deal with cruelty by a husband or his relatives towards a woman. Section 86 of the Bharatiya Nyaya Samhita, 2023 expands the definition of “cruelty” to encompass conduct that could potentially drive a woman towards suicide or result in grave injury. It criminalises acts of cruelty, harassment, or torture and outlines punishment of imprisonment for up to 3 years and imposition of a fine.

Choosing the right legal representation is crucial for safeguarding your rights and reputation. At Advonet, we have the best lawyers who have expertise in BNS - 85/ IPC - 498A. At Advonet, we provide personalised legal strategies with a proactive approach to resolution.

Unlock comprehensive legal protection against domestic violence with our expertise in Sections 85 and 86 of the BNS. Trust us to champion your rights and dignity in every step of your legal journey.

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