Domestic violence
Querist :
Anonymous
(Querist) 19 October 2011
This query is : Resolved
Under Domestic violence Act, a magistrate can ask for registration of criminal case under 498, if woman is married.Is it true ??
What if the woman concerned is an unmarried sister, and culprits are brother and his wife ????Can magistrate order criminal proceedings and under which section ???
ajay sethi
(Expert) 19 October 2011
any womenfacing violence in domestic relation ship can claim relief under DV act
domestic relations under section 2(f)refers to relation ship between man and woman living in shared household . they cna be through blood relations like borther sister , father daughter etc . or through marriage or through other relations .
on an application made by aggrived person ie your sister magistrate can order brother and his wife to stop violence , right to stay , monetary compensation for injuries suffered, etc(section 18 -20 of the act)
Devajyoti Barman
(Expert) 19 October 2011
In that circumstances 498A can not be lodged but other usual reliefs like monetary compensation, monthly maintenance, alternative accommodation etc can be availed of.
prabhakar singh
(Expert) 19 October 2011
The law is so liberal that it recognises a woman’s right to reside in the shared household with her husband or a partner even when a dispute is on .Thus, it legislates against husbands who throw their wives out of the house when there is a dispute. Such an action by a husband will now be deemed illegal, not merely unethical.
Even if she is a victim of domestic violence, she retains right to live in ’shared homes’ that is, a home she shares with the abusive partner. Section 17 of the Act, which gives all married women or female partners in a domestic relationship the right to reside in a home that is known in legal terms as the shared household, applies whether or not she has any right, title or beneficial interest in the same.
The law provides that if an abused woman requires, she has to be provided alternate accommodation and in such situations, the accommodation and her maintenance has to be paid for by her husband or partner.
The law, significantly, recognises the need of the abused woman for emergency relief, which will have to be provided by the husband. A woman cannot be stopped from making a complaint/application alleging domestic violence. She has the right to the services and assistance of the Protection Officer and Service Providers, stipulated under the provisions of the law.
A woman who is the victim of domestic violence will have the right to the services of the police, shelter homes and medical establishments. She also has the right to simultaneously file her own complaint under Section 498A of the Indian Penal Code.
Sections 18-23 provide a large number of options for legal redressal. She can claim through the courts Protection Orders, Residence Orders, Monetary Relief, Custody Order for her children, Compensation Order and Interim/ Ex parte Orders.
If a husband violates any of the above rights of the aggrieved woman, it will be deemed a punishable offence. Charges under Section 498A can be framed by the magistrate, in addition to the charges under this Act. Further, the offences are cognisable and non-bailable. Punishment for violation of the rights enumerated above could extend to one year’s imprisonment and/or a maximum fine of20,000.
So it is an other Ak. 47 more powerful like 498a,the wives can now put husband and his parrents and siblings behind the bar and can enjoy his owned house without any right title or interest in it.
As 498a , its misuse has started and time is not away that a considerable number of children would become fatherless just because of this Act.These enactments come for protection but become more a weapon in hands of mightier wives and poor wives really deprived just look for still to get justice.
Day is not far away when these so called beneficial legislations will break even the
nucleus family system ,joint already forgotten,the very concept of marriage its institution is at peril.Law must take an account of the fact who is deprived and who is not.
Sankaranarayanan
(Expert) 19 October 2011
YES I DO AGREED WITH PRABHAKAR SINGH JI'S EXPLANATION
Ravikant Soni
(Expert) 19 October 2011
Prabhakar sir,
truly said that the Day is not for away when these so called beneficial legislations will break even the nucleus family system ,joint already forgotten,the very concept of marriage its institution is at peril.Law must take an account of the fact who is deprived and who is not.
The LAW is merciless and doesn't see the relationship.
Even Law makers have no place of thinking abt the composity of family. Making this kind of law is the consequence of breaking family nucleus. and ultimately Crime has been found to be promoted by making such law.
Shonee Kapoor
(Expert) 19 October 2011
The answer to the original query is simple.
Magistrate is not empowered to register any other case than 498-a in PWDVA, 2005.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
