In order to exert dominance and control over the other spouse in a close relationship, one spouse will frequently engage in aggressive acts against the other. This behavior is referred to as "domestic violence." Despite this, the majority of the violence targets women.
Most women choose to remain silent about domestic violence because they see it as a family issue. The same mindset prompts neighbors, police officials, and even courts to dismiss wife-beating as a private matter and even a legitimate method of partner discipline.
In India, regulations like the Protection of Women from Domestic Violence Act, 2005, and many modifications to the Penal Law are in place to regulate numerous activities that defame modesty and lower people's self-esteem. The concept of maintenance has subsisted in our society since long as a measure to protect the rights of a divorced lady and also providing her with some minimum economic measures to continue a dignified life.
The Hindu Adoptions and Maintenance Act, 1956, Section 3(b) defines maintenance as a defined phrase. Though there have been some significant rulings on whether the wife should receive maintenance under the Domestic Violence Act of 2005, the maintenance issue is still the one that is most contentious.
Since it is the most crucial defense against the wife's domestic abuse claim. The term maintenance has been considered in the Domestic Violence Act, 2005 as the term “Monetary Relief” in the Section 2(k) and subsequently the particular in Section 20(1)(d) (d).
Domestic Violence and the Idea of Maintenance:
The Protection of Women from Domestic Violence Act of 2005, Section 24 of the Hindu Marriage Act, and Section 18 of the Hindu Adoptions and Maintenance Act of 1956 all mention the idea of monetary relief. Recent decisions made under these provisions of the legislation state that domestic abuse must be proven before financial relief under section 20 of the act may be awarded.
The High Court recently declared that if a woman cannot prove that her husband has physically abused her, her children cannot receive financial aid under the Protection of Women against Domestic Violence Act.
1955 Hindu Marriage Act:
The Hindu Marriage Act of 1955 addresses interim alimony and permanent alimony in sections 24 and 25. The scope of Section 125 of Criminal Procedure Code and Section 24 of the Hindu Marriage Act are extremely different. No matter what happens in the petition after an order under this section is made, the need to pay maintenance and court costs in relation to the time the proceedings were pending cannot be avoided. The petition was later dismissed, but that does not absolve the initial guilt.
Case Laws:
According to the Domestic Violence Act, no relative of the husband may be called a respondent in the case of Abdul Rub v. Razia Begum. Only those people who meet the requirements of section 3(q) of the Act may be designated as respondents. According to the law, numerous restrictions or procedures are in place to protect women from domestic violence, such as Sec. 304B of the IPC, which deals with dowry deaths. Section 498A of the IPC allows for the filing of complaints for cruelty, which is a type of domestic violence.
In the matter of Shashi Bala v. State of Uttarakhand, the applicant claimed that her in-laws and other family members had subjected her to violence after the death of her spouse. However, it was ultimately determined that the case was fabricated and that the Domestic Violence Act's Section 2(f) did not apply because the Applicant and the Respondent were not in a domestic relationship.
Ladies who lately got to know about their rights are misusing it in different ways, and so there have been a large number of cases continuing to be brought under this clause. In the landmark decision of Rajesh Sharma & v. State of UP, the Supreme Court imposed new guidelines to avoid the exploitation of this provision.
In the case Chitrangathan v. Seema ,High Court of Kerala, declared that while preserving the rights of a woman, the court needs to be careful and circumspect in not infringing the rights of the male too under Domestic Violence Act, 2005.
same day court marriage in delhi can be done if the couple lives in Delhi. Moreover, if the couple lives in Jaipur then court marriage in jaipur can be done. ghaziabad court marriage can be done if the couple lives in Ghaziabad.
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