FAQs: Domestic Violence Cases, Acts & Punishments

Q. What is Domestic Violence?
A. Domestic Violence is violence or any other kind of abuse in a domestic setting.
 
Q. What laws govern Domestic Violence cases in India?
A. Section 498A of the Indian Penal Code, the Dowry Prohibition Act 1961 and the Protection of Women from Domestic Violence Act 2005 are the laws that govern Domestic Violence in India.
 
Q. Can one file for Domestic Violence even after 1 year of no cohabitation?
A. Yes, DV is maintainable even after one year of no-cohabitation.
 
Q. Can women get compensation in domestic violence cases?
A. Yes, a woman may get compensation in a DV case, if the Court feels fit.
 
Q. Can a person stop a false DV case against them?
A. Yes.

Connect with an expert lawyer for your legal issue  

Q. How can a person save himself if a false DV case has been filed against them?
A. In case of a false DV matter, one can save themselves by hiring a lawyer, gathering evidence to disprove allegations, filing a counter case for defamation, false evidence, conspiracy, etc.
Q. Are residence rights protected in domestic violence cases?
A. Yes.
 
Q. What are the residence rights in domestic violence cases for women in India?
A. Women in India have residence rights in domestic violence cases as per Section 17 of the Domestic Violence Act. The woman in a domestic relationship has the right to reside in the shared household even if she has no right, title or interest in such dwelling.
 
Q. Under the domestic violence laws in India, are women in live-in relationships protected?
A. Yes.
 
Q. What kind of evidence should be produced in the Court to prove a case of domestic violence?
A. Evidence is important to prove a case of domestic violence. Documentary proof, audios, videos of abuse, photos of wounds, etc. could be used as proof of violence.

Consult:  Top Domestic Violence Lawyers in India

Q. Can men file a case of domestic violence against wife under the Domestic violence Act?
A. No.
 
Q. If a man is a victim of domestic violence, how can he get help?
A. The man can approach the police and file an FIR against the wife. Cruelty which includes physical and mental abuse is also a ground for Divorce.

Q. Does emotional and verbal abuse also fall under the ambit of domestic violence under the DV laws in India?
A. Yes.
 
Q. Is there any added advantage of filing a false case of domestic violence against husband for divorce?
A. Filing a false case is punishable and should not be done under any circumstance. There are only disadvantages of filing false cases in the court.
 
Q. What kind of questions are asked to a domestic violence victim by a defence lawyer during trial?
A. The victim is asked questions related to the case, depending upon the facts and issues stated in the complaint.
 
Q. Is domestic violence a ground for divorce?
A. Yes, cruelty which includes domestic violence (both physical and mental) is a ground for divorce.
 
Q. Is domestic violence a criminal offence?
A. Yes.

  Connect with an expert lawyer for your legal issue  

Q. Can someone go to jail for committing the act of domestic violence?
A. Yes.
 
Q. If the husband asked his wife to leave the house, can it be called as domestic violence?
A. Yes, depending upon the circumstances and manner in which the act is committed.

Q. How can the wife file a domestic violence case in India?
A. A woman can file a police complaint, or even a petition in the nearest Mahila Court or First Class Magistrate.
 
Q. Can a woman get free legal aid to fight a case of domestic violence in India?
A. Yes, depending upon the circumstances and the facts of the case.
 
Q. What all is included in Domestic Violence?
A. Abuse of physical, mental, emotional, sexual or financial of nature are included in Domestic Violence.
 
Q. Can parents of the husband be made parties to the DV case?
A. Yes, husband’s parents can be made parties, depending upon the facts of the case.
 
Q. Do domestic violence cases go into trial?
A. Yes.

Consult:  Top Domestic Violence Lawyers in India

 
Q. Are there different laws and punishments for domestic violence and sexual harassment at workplace?
A. Yes.
 
Q. What is the difference between domestic violence and harassment?
A. Domestic violence is abuse or violence in a domestic setting (like marriage), whereas, harassment is unwanted conduct that occurs with the purpose of violating the dignity of an individual, thereby creating an intimidating/hostile/humiliating environment.

Q. Is the husband allowed to file a reply and give his side of the story during a domestic violence trial?
A. Yes, husband is given a chance(s) to file a reply.
 
Q. Can men also be victims of domestic violence?
A. Yes.
 
Q. Are men protected under the domestic violence laws in India?
A. Men are not directly protected under the DV laws in India.
 
Q. Are women specifically protected under the domestic violence laws in India?
A. Yes.
 
Q. Is financial abuse also a part of domestic violence in India?
A. Yes.
 
Q. Is there any specific law enacted against women carrying out domestic violence in India?
A. No, however, they can seek redressal under the Indian Penal Code, etc.
 
Q. Can a woman get both maintenance and residence rights under the Domestic Violence Act?
A. Yes.
 
Q. How can NGOs help a woman who is a victim of domestic violence?
A. NGOs can provide legal and social help to women. They help in providing lawyers and also in directing the woman to get FIRs and file cases in the court of law.

Connect with an expert lawyer for your legal issue   

Q. Can a domestic violence case be quashed?
A. Yes, depending upon the facts and circumstances of the case, DV cases can be quashed if the court deems fit.
 
Q. What does physical abuse involve, as per domestic violence laws?
A. Physical abuse is the most visible form of domestic violence. It includes bodily pain, harm, danger to life/limb/health/development of a person.
 
Q. What does verbal and emotional abuse include, as per domestic violence laws?
A. Insults, name calling, accusations on character, insults for dowry, insults for not having a male child, etc.
 
Q. What does financial abuse include, as per the domestic violence laws in India?
A. Financial abuse includes, not providing money to woman for maintaining children, not providing food/clothes/medicines, stopping the woman from carrying on her employment, taking away woman’s salary or income, not allowing women to use her own income, etc.

Q. What is Domestic Violence?
A. Domestic Violence is violence or any other kind of abuse in a domestic setting.

Q. What laws govern Domestic Violence cases in India?
A. Section 498A of the Indian Penal Code, the Dowry Prohibition Act 1961 and the Protection of Women from Domestic Violence Act 2005 are the laws that govern Domestic Violence in India.

Q. Can one file for Domestic Violence even after 1 year of no cohabitation?
A. Yes, DV is maintainable even after one year of no-cohabitation.

Q. Can women get compensation in domestic violence cases?
A. Yes, a woman may get compensation in a DV case, if the Court feels fit.

Q. Can a person stop a false DV case against them?
A. Yes.

Connect with an expert lawyer for your legal issue

Q. How can a person save himself if a false DV case has been filed against them?
A. In case of a false DV matter, one can save themselves by hiring a lawyer, gathering evidence to disprove allegations, filing a counter case for defamation, false evidence, conspiracy, etc.
Q. Are residence rights protected in domestic violence cases?
A. Yes.

Q. What are the residence rights in domestic violence cases for women in India?
A. Women in India have residence rights in domestic violence cases as per Section 17 of the Domestic Violence Act. The woman in a domestic relationship has the right to reside in the shared household even if she has no right, title or interest in such dwelling.

Q. Under the domestic violence laws in India, are women in live-in relationships protected?
A. Yes.

Q. What kind of evidence should be produced in the Court to prove a case of domestic violence?
A. Evidence is important to prove a case of domestic violence. Documentary proof, audios, videos of abuse, photos of wounds, etc. could be used as proof of violence.

Consult:Top Domestic ViolenceLawyers in India

Q. Can men file a case of domestic violence against wife under the Domestic violence Act?
A. No.

Q. If a man is a victim of domestic violence, how can he get help?
A. The man can approach the police and file an FIR against the wife. Cruelty which includes physical and mental abuse is also a ground for Divorce.

Q. Does emotional and verbal abuse also fall under the ambit of domestic violence under the DV laws in India?
A. Yes.

Q. Is there any added advantage of filing a false case of domestic violence against husband for divorce?
A. Filing a false case is punishable and should not be done under any circumstance. There are only disadvantages of filing false casesin the court.

Q. What kind of questions are asked to a domestic violence victim by a defence lawyer during trial?
A. The victim is asked questions related to the case, depending upon the facts and issues stated in the complaint.

Q. Is domestic violence a ground for divorce?
A. Yes, cruelty which includes domestic violence (both physical and mental) is a ground for divorce.

Q. Is domestic violence a criminal offence?
A. Yes.

Connect with an expert lawyer for your legal issue

Q. Can someone go to jail for committing the act of domestic violence?
A. Yes.

Q. If the husband asked his wife to leave the house, can it be called as domestic violence?
A. Yes, depending upon the circumstances and manner in which the act is committed.

Q. How can the wife file a domestic violence case in India?
A. A woman can file a police complaint, or even a petition in the nearest Mahila Court or First Class Magistrate.

Q. Can a woman get free legal aid to fight a case of domestic violence in India?
A. Yes, depending upon the circumstances and the facts of the case.

Q. What all is included in Domestic Violence?
A. Abuse of physical, mental, emotional, sexual or financial of nature are included in Domestic Violence.

Q. Can parents of the husband be made parties to the DV case?
A. Yes, husband’s parents can be made parties, depending upon the facts of the case.

Q. Do domestic violence cases go into trial?
A. Yes.

Consult:Top Domestic ViolenceLawyers in India

Q. Are there different laws and punishments for domestic violence and sexual harassment at workplace?
A. Yes.

Q. What is the difference between domestic violence and harassment?
A. Domestic violence is abuse or violence in a domestic setting (like marriage), whereas, harassment is unwanted conduct that occurs with the purpose of violating the dignity of an individual, thereby creating an intimidating/hostile/humiliating environment.

Q. Is the husband allowed to file a reply and give his side of the story during a domestic violence trial?
A. Yes, husband is given a chance(s) to file a reply.

Q. Can men also be victims of domestic violence?
A. Yes.

Q. Are men protected under the domestic violence laws in India?
A. Men are not directly protected under the DV laws in India.

Q. Are women specifically protected under the domestic violence laws in India?
A. Yes.

Q. Is financial abuse also a part of domestic violence in India?
A. Yes.

Q. Is there any specific law enacted against women carrying out domestic violence in India?
A. No, however, they can seek redressal under the Indian Penal Code, etc.

Q. Can a woman get both maintenance and residence rights under the Domestic Violence Act?
A. Yes.

Q. How can NGOs help a woman who is a victim of domestic violence?
A. NGOs can provide legal and social help to women. They help in providing lawyers and also in directing the woman to get FIRs and file cases in the court of law.

Connect with an expert lawyer for your legal issue

Q. Can a domestic violence case be quashed?
A. Yes, depending upon the facts and circumstances of the case, DV cases can be quashed if the court deems fit.

Q. What does physical abuse involve, as per domestic violence laws?
A. Physical abuse is the most visible form of domestic violence. It includes bodily pain, harm, danger to life/limb/health/development of a person.

Q. What does verbal and emotional abuse include, as per domestic violence laws?
A. Insults, name calling, accusations on character, insults for dowry, insults for not having a male child, etc.

Q. What does financial abuse include, as per the domestic violence laws in India?
A. Financial abuse includes, not providing money to woman for maintaining children, not providing food/clothes/medicines, stopping the woman from carrying on her employment, taking away woman’s salary or income, not allowing women to use her own income, etc.